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Full text of "North Carolina Register v.13 no. 11 (12/1/1998)"

NORTH CAROLINA 

REGISTER 



RECEIVED 
DEQ 1 1998 

KATHRWE R. EVERETT 
JAWHaRARY 



VOLUME 13 • ISSUE 1 1 • Pages 855 - 940 



December 1, 1998 



IN THIS ISSUE 

Athletic Trainer Examiners, Board of 

Cosmetic Art Examiners Board of 

Dental Examiners 

Environment and Natural Resources 

Health and Human Services 

Pharmacy, Board of 

Revenue 

Transportation 

Rules Review Commission 

Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125- 11.13 



For those persons that have questions or concerns regarding the Administrative Procedure Act or any of its 
components, consult with the agencies below. The bolded headings are typical issues which the given ^ 
agency can address, but are not inclusive. 



Rule Notices, Filings, Register, Deadlines. Copies of Proposed Rules, etc. 

Office of Administrative Hearings 

Rules Division 

Capehart-Crocker House (9 1 9) 733-2678 

424 North Blount Street (9 1 9) 733-3462 FAX 

Raleigh, North Carolina 27601-2817 



contact: Molly Masich, Director APA Services 
Ruby Creech, Publications Coordinator 



mmasich@oah.state.nc.us 
rcreech@oah.state.nc.us 



Fiscal Notes & Economic Analysis 

Office of State Budget and Management 

116 West Jones Street 

Raleigh, North Carolina 27603-8005 

contact: Mark Sisak, Economist III 



(919)733-7061 
(919) 733-0640 FAX 

msisak@osbm.state.nc.us 



Rule Review and Legal Issues 

Rules Review Commission 
1307 Glenwood Ave., Suite 159 
Raleigh, North Carolina 27605 

contact: Joe DeLuca Jr., Staff Director Counsel 
Bobby Bryan, Staff Attorney 



(919)733-2721 
(919) 733-9415 FAX 



Legislative Process Concerning Rule-making 

Joint Legislative Administrative Procedure Oversight Committee 

545 Legislative Office Building 

300 North Salisbury Street (919) 733-2578 

Raleigh, North Carolina 276 11 (919) 715-5460 FAX 



contact: Mar>' Shuping, Staff Liaison 



marys@ms.ncga.state.nc.us 



County and Municipality' Government Questions or Notification 

NC Association of County Commissioners 

2 1 5 North Dawson Street (9 1 9) 7 1 5-2893 

Raleigh, North Carolina 27603 



contact: Jim Blackburn or Rebecca Troutman 

NC League of Municipalities 
2 1 5 North Dawson Street 
Raleigh, North Carolina 27603 

contact: Paula Thomas 



(919)715-4000 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11. 13 



NORTH CAROLINA 
REGISTER 



IN THIS ISSUE 



» 




II. 



RULE-MAKING PROCEEDINGS 
Environment and Natural Resources 

Health Services, Commission for 855 - 856 

Wildlife Resources Commission 855 



PROPOSED RULES 

Environment and Natural Resources 

Wildlife Resources Commission 905 - 906 

Health and Human Services 

Social Services Commission 857 - 905 



I 



Volume 13, Issue 11 
Pages 855 - 940 



December 1, 1998 



This issue contains documents officially filed 
through November 5. 1998. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PC Drawer 27447 

Raleigh. NC 2761 1-7447 

(919)733-2678 

FAX (919) 733-3462 



Julian Mann III. Director 

Camille Winston. Deputy' Director 

Molly Masich, Director of APA Services 

Ruby Creech. Publications Coordinator 

Jean Shirley. Editorial Assistant 

Linda Dupree. Editorial Assistant 

Jessica Flowers, Editorial Assistant 



III. TEMPORARY RULES 
Environment and Natural Resources 

Wildlife Resources Commission 907 - 910 

Licensing Boards 

Dental Examiners, Board of 910 

Pharmacy, Board of 910-911 

IV. APPROVED RULES 912-917 

En\'ironment and Natural Resources 

Coastal Management 

Environmental Management 

Health Services 

Wildlife Resources 
Health and Human Services 

FacilitN Services 
Licensing Boards 

Athletic Trainer Examiners. Board of 

Cosmetic Art Examiners. Board of 
Revenue 

Corporate Franchise. Income, and Insurance Taxes 
Transportation 

Highways. Division of 



V. RULES REVIEW COMMISSION 918-920 

VI. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 92 1 - 927 

Text of Selected Decisions 

97EHR 1388 928-932 

98 ABC 0293 933-934 

98 DOJ 0046 935-940 

VII. CUMULATIVE INDEX 1-67 



I 



\orih Carolina Register is published senii-montlil\ tor $195 per \ear h\ the Oftlee of Adniinistrati\e Hearings. 424 North Blount Street. Raleigh. NC 
27601 (ISSN 15200604) to mail al Periodicals Rates is paid at Raleigh. NC POSTMASTER: Send Address changes to the \orih Carolina Regisler. 
PO Drawer 27447. Ralemh. NC 2761 1-7447 



NORTH CAROLINA ADMINISTR.4TIVE CODE CLASSIFICATION SYSTEM 



The North Carolina Administrative Code (NCACi has four major subdivisions oj rules. Two of these, titles and chapters, 
are mandatory. The major subdivision of the NCAC is the title. Each major department in the North Carolina executive 
branch of government has been assigned a title number. Titles are further broken down into chapters which shall be 
numerical in order. The other two. subchapters and sections are optional subdivisions to be used by agencies when 
appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 



TITLE 



DEPARTMENT 



LICENSING BOARDS 



CHAPTER 



1 


Admini^iration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Athletic Trainer Examiners 


3 


4 


Commerce 


Auctioneers 


4 


5 


Correction 


Barber Examiners 


6 


fi 


Council of State 


Certified Public Accountant Examiners 


8 


7 


Cultural Resources 


Chiropractic Examiners 


10 


8 


Elections 


Emplo>ee Assistance Professionals 


11 


9 


Go\emor 


General Contractors 


12 


10 


Health and Human Ser\ ices 


Cosmetic Art Examiners 


14 


11 


Insurance 


Dental Examiners 


16 


12 


Justice 


Dietetics/"Nutrition 


17 


13 


Labor 


Electrical Contractors 


18 


14A 


Crime Control & Public Safet\ 


Electrohsis 


19 


15A 


En\ ironment and Natural Resources 


Foresters 


20 


16 


Public Education 


Geologists 


21 


17 


Revenue 


Hearing Aid Dealers and Fitters 


l"^ 


18 


Secretar. of State 


Landscape Architects 


26 


19A 


Transportation 


Landscape Contractors 


28 


2(1 


Treasurer 


Marital and Family Therapx 


31 


*21 


Occupational Licensing Boards 


Medical Examiners 


32 


T) 


Administrati\e Procedures (Repealed) 


Midwiferx Joint Committee 


33 


23 


Communit) Colleges 


Mortuan. Science 


34 


24 


Independent Agencies 


Nursing 


36 


25 


State Personnel 


Nursing Home Administrators 


37 


26 


Administrative Hearings 


Occupational Therapists 


38 


27 


NC State Bar 


Opticians 


40 






Optometp.' 


42 






Osteopathic Examination & Reg. (Repealed) 


44 






Pastoral Counselors. Fee-Based Practicing 


45 






Pharmac\ 


46 






Ph\sical Therap\ Examiners 


48 






Plumbing. Heating & Fire Sprinkler Contractors 


50 






Podiatr. Examiners 


52 






Professional Counselors 


53 






Ps>cholog> Board 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate .Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech &, Language Pathologists & .Audiologists 


64 






Substance .Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinarv Medical Board 


66 



Note: Title 2 1 contains the chapters of the various occupational licensing boards. 




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RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a statement of subject matter of the agency's proposed rule making. The agency must 
publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a rule. 
Publication of a temporary rule serves as a Notice of Rule-making Proceedings and can be found in the Register under the 
section heading of Temporary Rules. A Rule-making Agenda published by an agency ser\'es as Rule-making Proceedings and 
can be found in the Register under the section heading of Rule-making .Agendas. Statutoiy reference: G.S. 1 50B-21.2. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 



Citation to Existing Rules Affected by this Rule-Making: 

15A NC.4C I9A .0400. .0502(c)(6)(d). Other rules may be 
proposed in the course of the rule-making process. 

Authority for the rule-making: G.S. ] 30.4-1 52 



SUBCHAPTER lOF 



MOTORBOATS AND WATER 
SAFETY 



A Totice of Rule-making Proceedings is hereby given by the 
1 V Wildlife Resources Commission in accordance with G.S. 
150B-21.2. The agency shall subsequently publish in the 
Resister the text of the rule(s) it proposes to adopt as a result of 
this notice of rule-making proceedings and any comnients 
received on this notice. 



Statement of the Subject Matter: To institute a rule-change in 
regard to the immunization program reporting requirements in 
order to ensure that private providers of immunization services 
to children have a fair and reasonable mechanism in which to 
report doses administered information for the purpose of 
vaccine accountability. This rule will he adopted as a 
temporary rule with a proposed ejjective date oj December 1, 
1998 at the November 13. 1998 Commission for Health Services 
Meeting. 



Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC lOF .0330. Other rules may be proposed in the 
course of the rule-making process. 

Authority for the rule-making: G.S. 75.4-3: "^5.4-15 

Statement of the Subject Matter: Establish a no Make zone 
within Carteret County. 

Reason for Proposed Action: The Carteret Count}' Board of 
Commissioners initiated the no-wake zo?ie pursuant to G.S. 75.4- 
15 to protect public safet}' in the area by restricting vessel speed. 
The Wildlife Resources Commission may adopt this rule as a 
temporaiy rule pursuant to S.L. 199'' -0403 following this 
abbreviated notice. 

Comment Procedures: The record will be open for receipt of 
written comments fi-om December I, 1998 to Febniaiy 1, 1999. 
Such written comments must be delivered or mailed to the North 
Carolina Wildlife Resources Commission. 512 A'. Salisbury 
Street. NC 27604-1188. 



W 5C W W 



■K fc ye yt -K -x 



WWWKWWKW 



CHAPTER 19 - HEALTH: EPIDEMIOLOGY 

SUBCHAPTER I9A - COMMUNICABLE DISEASE 
CONTROL 

A Totice of Rule-making Proceedings is hereby given by the 

I V CO.MMISSION FOR HEALTH SERVICES in accordance 
with G.S. 1503-21. 2. The agency shall subsequently publish in 
the Register the text of the riile(s) it proposes to adopt as a result 
of this notice of rule-making proceedings and any comments 
received on this notice. 



Reason for Proposed Action: The purpose of this action: To 
change the reporting requirements as stated in 1 5.4 NCAC 19A 
.0400. .0502(c)(6)(d) so that greater compliance and 
accountability^ by the immunization program providers may be 
achieved. This ammendment will ensure that private providers 
of immunization services to children have a fair and reasonable 
mechanism in which to accurately report doses administered 
information to the Immunization Section for the purpose of 
vaccine accountabiliry. Immunization projects ha\'e the primary 
responsibility to develop and maintain vaccine accountabilit}' 
systems to ensure provider compliance and to minimize vaccine 
loss and wastage. 

The existing rules were developed in 1993 when the Universal 
Childhood Vaccine Distribution Program (UCVDP) began 
providing state-supplied vaccine to less than 400 providers 
across the state. One of the many goals of the UCVDP m'cis to 
encourage more pediatricians and family physicians to 
immunize children in their medical care home. At that time 65- 
lOVo of childhood immunizations were being administered in 
local count}' health departments. By 1 998 the private sector was 
adtninistering 70 percent of the childhood vaccines. Since that 
time, four ne^v vaccines-vaccine combinations have been added 
to the Recommended Childhood Immunization Schedule, making 
the current reporting mechanism cimibersome for the providers 
of immunization services. 

In addition, with the number of childhood immunization 
providers enrolled in the UCl DP hcning nearly tripled over the 
past four years, reporting of doses administered information on 
the 5th oJ each month by providers does not allow adequate 
reporting lime. The existing rule states that a provider M-ho fails 
to report by the fifth of each month twice in one year is no 
longer eligible to receive state-supplied vaccine. .4 temporaiy 
rule needs to be adopted in order to impose upon immunization 
program providers reasonable reporting requirements with 
respect to immunization activities and appropriate sanctions for 



13:11 



NORTH CAROLINA REGISTER 



December 1, 199H 



855 



RULE-MAKING PROCEEDINGS 



failure lo comply. Greater compliance and accouniahilit}' by the 
Immunization Program providers and the hnmunizution Section 
will he achieved. 

Comment Procedures: Comments, statements, data and other 
information may be submitted in writing within 60 days after the 
date of publication of this issue in the NC Register Copies of 
the proposed rules and information packages may he obtained 
by contacting the Immunization Program at (9I9)~!5-6 . 
Written comments may be submitted to Barbara Sterritt. 
Immunization Section. DWCH. PO Box 2959^. Raleigh. SC 
2' 626-059'. 



856 NORTH CAROLINA REGISTER December L 1998 13:11 



PROPOSED RULES 



This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a Notice 
of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the publication 
date, or until the public hearing, or a later date if specified in the notice by the agency. The required comment period is 60 days 
for a rule that has a substantial economic impact of at least five million dollars (S5.000.000j. Statutoiy reference: G.S. 150B- 
'21.2. 



TITLE 10 - DEPARTMENT OF HEALTH 
AND HUMAN SERVICES 

Notice is hereby given in accordance with G.S. 1 50B-21.2 
that the Social Services Commission intends to adopt the 
rules cited as 10 NCAC 4IS .0101-.0W2. .0201-.0204. .0301- 
.0307. .0401-.040'7. .0501-.0506. .0601-.0615. .0701-.0713: 10 
NCAC 41T. 0101-0106. .0201-.0206: and repeal the rules cited 
as 10 NCAC 41 E. 0401 .0403-.0406. .0501-.0518. .0601-.0606, 
.0701-.0704: 10 NCAC 41G .0501-.0502, .0504-.0513. .0601- 
.0606. .070I-.0708. .0801-.0809. .0902, .1001-. 1002. .1004- 
.1013. .1101:1106. .1201 -.1208. .1301-. 1309. .1402: 10 NCAC 
41 R .0101-. 010'. Notice of Rule-making Proceedings was 
published in the Register on December 1. 199~. 

Proposed Effecti\e Date: July I. 2000 

A Public Hearing will be conducted at 10:00 a.m. on January 
13. 1999 at the .Albemarle Building. Room 832. 325 North 
Salisbwy Street. Raleigh. NC 27603. 

Reason for Proposed Action: In 1992. the North Carolina 
Association of Residential Child Care and Family Sen'ices 
requested and received approval and support from the Division 
of Social Sen'ices to establish a statewide committee made up of 
NC.4RCCFS members and Division of Social Services staff to 
develop licensure rules for residential child care facilities (10 
NCAC 41S) and to develop licensure rules for two specialized 
residential child care program areas (10 NCAC 4 IT). The 
adoption ofne\i' rules was requested In order to update existing 
licensure rules, to streamline the licensure process and to assure 
compliance with the most current child welfare practice 
standards in these areas. In order to implement the proposed 
new rules, the existing rules in 10 NCAC 41 E (Group Homes- 
adopted In 1982). 10 NCAC 41G (Child-Care institution- 
adopted in 19'7> and 10 NCAC 41R (Foster Care Camps- 
adopted in 1 986) will need to he repealed. The proposed rules 
were developed by a committee process over a three year period 
and resulted from an analysis of the existing rules and a 
comparison with licensure rules from 10 other states. CH'LA 
Standards and CO.A Standards by the committee. During 199'. 
the committee and Children's Services staff reviewed the rules 
and made final revisions to ensure compliance with the latest 
child welfare practice standards. In October 1997. the 
NCARCCFS officially approved these rules at the annual 
Executive Directors ' meeting. 

Comment Procedures: .Anyotte wishing to comment on these 
proposed rules should contact Sharnese Ransome. A PA 
Coordinator. Social Services Commission. NC Division of 
Social Services. 325 N. Salishun- Street. Raleigh. XC 2 '603. 



phone (919) 733-3055. Written comments must be received by 
Januaiy 6, 1999 and oral comments may be made at the public 
hearing. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do not 
have a substantial ecotwmic Impact of at least five million 
dollars (S5.000.000) in a 12-month period 

CHAPTER 41 -CHILDREN'S SERVICES 

SUBCHAPTER 41E - LICENSING OF GROUP HOMES 
FOR CHILDREN 

SECTION .0400 - ADMINISTRATION 

.0401 CONSULTATIVE SERVICES 

Consultativ e s e rvic e s ar e provid e d by th e D e partment of 
Human R e sourc es as follow s : 

fH Exploration and analysis of th e n e ed for the s e rvice. 

f3^ Evaluation of th e organization's pot e ntial for meeting 

the id e nt i fied n ee d. 

(5-) Interpretation of minimum licensing standards. 

(+) Assistance in me e ting m i nimum lic e nsing s tandards. 

{^ Consultation to assist th e lic e ns ee to mov e b e yond 

minimum standard s : to chang e or improv e th e m e thod 
of op e ration or th e quality ' of car e b e ing provid e d. 

Authority G.S. 1 31 D. .Art. LA: 143B-153. 

.0403 DEFINITIONS 

Th e following d e finition s shall apply throughout Chapt e r 4 1 
e xc e pt that Subparagraph (7) ofthis Rul e shall not appK to 4 11: 

(4^ Group Hom e . A r e sid e ntial facil i ty op e rat e d e ith e r 
und e r public or privat e auspic e s which r e c e iv e s for 21 
hour care no more than nin e childr e n. This numb e r 
includes th e car e givers' own r e lativ e s und e r th e ag e s 
of 1 8. The composition of the group shall includ e no 
mor e than two children under the age of 2. four 
childr e n und e r th e age of 6. and six children und e r th e 
ag e of 12. A group hom e shall not provide da\ car e , 
nor shal l it be availabl e to adults in the community 
who w is h to r e nt room s . 

{2) Privat e Group Hom e . — A group hom e und e r th e 
control, manag e m e nt, and sup e rvision of a private 
non profit organization, which operat es ind e p e nd e ntly 
of a fo s t e r care services ag e ncy, a child caring 
institution, or a licensed chi l d placing ag e ncv. 

f5-) Public Group Home. A group hom e und e r th e control, 
manag e m e nt, and sup e rvision of a countv governm e nt. 

f4-) Privat e Ag e nc\ Group Hom e . A group hom e und e r 



13:11 



NORTH CAROLINA REGISTER 



December 1, 1998 



857 



PROPOSED RULES 



th e control, manag e m e nt, and s up e rvision of a fo s t e r 
car e s e rvic es ag e nc\. a child caring institution, or a 
lic e n se d child placing ag e ncy. 

{&) Public Ag e nc\ Group Hom e . A group hom e und e r th e 
control, manag e m e nt, and sup e rvision of a county 
d e partm e nt of social s e rvic es . 

{^ Lic e n se . P e rmission grant e d to a corporation. ag e nc\ 
or county gov e rnm e nt b\ th e D e partm e nt of Human 
R e sources to e ngag e in th e provis i on of full tim e child 
care bas e d upon an initial d e t e rmination, and annualK 
th e r e aft e r, that such corporation, ag e ncy, or a county 
government ha s m e t and comp l i e d with minimum 
s tandard s set forth in this Subchapter. 

f7^ Em e rg e ncy Sh e lt e r Hom e . — A group hom e which 
prov i d e s r es id e ntial car e for a p e riod not to e xc ee d 90 
davs. 



Authority as. B1D-U).5: N3B-I53. 

.0404 LICENSING PROCESS 

(-a4 Appl i cation. — Th e application pha se of th e lic e nsing 
proc e ss br i ng s th e p e rson s wanting to giv e r e sid e ntial child car e 
und e r th e Jurisdiction of th e lic e nsing statut e and pro\id e s an 
opportunit} — for th e applicant to e xplor e and — und e rstand 
requirements. 

ftH Stud\. Th e stud\ phas e focu se s on obtaining knowl e dg e 
of th e propos e d program and proj e ct e d m e thods of op e ration. 
For privat e group hom es th e D e partm e nt of Human R e sourc e s 



s taff, tog e t her wi th those seeking to b e lic e ns e d, ar e r e spon s ibl e 
for comp le ting th e study pha se . For ag e ncx group hom e s, th e 
sup e rvising ag e nc> will b e r e sponsible for compl e ting th e s tud>. 
fe-) Approval or R e j e ction. Th e d e ci s ion to giv e or w ithhold 
official sanction by i s suing or r e fu s ing to i s su e a lic e ns e to 
op e rat e a r es id e ntial child car e program is bas e d on inform a tion 
obtain e d during th e study phas e and is r e ach e d through 
admini s trativ e proc es s e s within th e D e partm e nt of Human 
R e sourc e s. 



(c) Nin e ty Day Grac e P e riod. 

{V) A lic e ns e i s automatically provid e d a 00 day grac e 

p e riod aft e r th e lic e ns e e xpiration dat e . 

f2^ if th e lic e n se i s not r e n e w e d by th e e nd of the 90 da\l 

grac e p e riod, th e lic e n se is t e rminat e d. 

(d) Chang e in any function information on th e lic e nse. 

m A lic e ns e ma> b e chang e d during th e p e riod of time 

it is in e ff e ct if th e chang e is in compliance with 
minimum lic e nsing s tandards. 

(54 A lic e ns e may not b e chang e d during the 90 da\ 

grac e p e riod. 

{ij Th e group home or th e ag e ncy of an ag e ncy group 

hom e must notify the Childr e n's S e rvic e s Branch in 
writing of its r e qu e st for a chang e in lic e nse, 
including such information as is n e c e ssary to assure 
that th e chang e i s in complianc e with minimum 
lic e nsing s tandard s . 

( e ) T e rmination. 

f+4 wh e n a group hom e voluntariK' discontinu e s child 

caring op e rations, th e Childr e n's S e rvic e s Branch 
must bo notifi e d in writi n g of th e dat e and reason for 
closing: 

{2^ if all lic e n s ing mat e rials hav e not b ee n r e c e iv e d b\' 

th e e nd of th e 90 da\ grac e p e riod, th e group hom e 's 
lic e nse \\ ill b e t e rminated. 

(f) Revocation. 

f-H R e vocation of a lic e n se ma\' occur wh e n th group 

hom e is not in complianc e with minimum lic e nsing 
s tandards and it i s d e t e rmin e d that complianc e i 
cannot b e accomplish e d within e stablish e d tim e' 



(^ 



Th e d e ci s ion to r e vok e a lic e n se is r e ached through 
administrativ e proc e ss e s within th e D e partm e nt of 
Human Resources. 



(^ 



-4TH^^ 



i home ( 



i hom e 



' group home or ag e ncy ol an agency group I 
wi l l b e notifi e d in writing of th e d e ci s ion to r e vok e 
a lic e ns e . 



Authorm-G.S^ 13 ID. Aft, lA: 143B-I53. 



Authonh-G.S. 13W-in.5: 143B-153. 



.0405 KINDS OF LICENSES 

(a^ Full Lic e nse. ,A full lic e ns e i s i s su e d for on e y e ar wh e n all 
minimum lic e nsing r e quir e m e nts ar e m e t. 
fb-) Pro\ isional Lic e ns e . 
Vr) A provisional lic e ns e is issu e d for a maximum of s ix 
months enabling a facility to operate whil e som e 
b e low standard compon e nt of th e program is b e ing 
corr e ct e d. 
(^ A pro\ isional licens e for th e sam e b e low standard 
program compon e nt cannot b e r e n e w e d. 

Authority GS. 131D. An. I A: 1438-153. 

.0406 LICENSING ACTIONS 

fa-> — N e v s Lic e n se . — A n e w lic e n se is is s u e d wh e n th e 
D e partm e nt o f Human R e sourc e s d e t e rmin e s that th e g ro up 
hom e is in complianc e with minimum lic e nsing standard s . 

(b) R e n e wal. Lic e ns e s must b e r e n e w e d annualK. 



SECTION .0500 - MINIMUM STANDARDS FOR 
PRIVATE AND PUBLIC GROUP HOMES 

.0501 INCORPORATION 

Those seeking to es tablish and carry out child caring activiti e s 
shall b e incorporat e d und e r Chapt e r 55 or Chapt e r 55 A of th e 
G e n e ral Statut es of North Caro l ina and shall m ee t all of th e 
provisions ther e in e xcept that county gov e rnm e nts s hall not b e 
subj e ct to th e s e statut e s. 

{\j Th e chart e r of incorporation shall defin e th e purpos e 

and function of th e corporation, including: 

fa4 th e g e ographic ar e a to b e s e rv e d: 

fb^ th e kindl s ) of childr e n to b e se rv e d: 

fe^ th e rang e of servic e s which will b e provid e d. 

{—^ Th e corporation shall poriodicalK r e e valuat e its 

functions and purpos e . — Chang e s in functions and 
purpos e s hall be provid e d for in am e ndm e nt s to th e 
ch a rt e r. 



858 



NORTH CAROLINA REGISTER 



December T 1998 



13:11 



PROPOSED RULES 



Authorin' G.S. 13 ID. An. I A: 143B-153. 

.0502 GOVERNING BODY 

Th e group home shall hav e a gov e rning body (h e r e aft e r 



beginning of e ach fiscal year showing incom e and expenditur e s, 
including such d e tails a s ar e r e quir e d on the annual r e port. 

( e ) A financial committee of th e board s hall b e responsibl e for 
th e sup e rvision of th e investm e nts of th e group home, working 



r e f e rr e d to as board) r e spon s ibl e for its prop e r function in with th e e x e cutiv e in pr e paring th e budget, approving unusual 



accordanc e with its chart e r and the purpos e s s e t forth th e r e in. 

(4^ Th e bylaws of th e board shall includ e th e following 

provisions: 

(a) The board s hall b e compos e d of repres e ntativ e s of 

various int e r e sts and occupations: 

(b) Th e board shall have a plan for th e rotation of 

m e mb e rs: 

fe4 The board shall m ee t with a quorum pr e s e nt at l e ast 

quart e rl>. A majority of th e board shall constitut e a 
quorum. 
Pow e rs and duti e s of th e board shall includ e th e 



m- 



following: 



(«^ to d e t e nnin e th e purpo se s and functions of the group 

hom e : 

to e mploy an e x e cutive director: 






-te — d e fin e . 



-m- 



^ritinti. — the — function s — and 



r es ponsibiliti e s of th e e x e cutiv e dir e ctor, and th e 
ba s is upon which th e Dir e ctor mav b e di s mis se d: 
{^ 



to d e v e lop with th e e x e cutiv e director th e polici e s of 

th e group hom e ; 

to annually e valuat e th e program and polici es of th e 



group hom e to d e t e rmin e e ff e ctiv e n e ss and any 
n ee d e d chang e s: 
■40 — annually — e va l uat e — the — p e rformanc e — of th e 



0^ 



e x e cutiv e dir e ctor: 

to assur e ad e quat e tinancial support for th e program 

of child car e : 

to approv e an annua l budg e t for th e program of ch il d 



approv e 



to k ee p official minut e s of all board m ee tings as a 
part of th e organization's p e rman e nt r e cords: 
to b e guid e d by th e community n ee d s in th e 
program's ov e rall direction, services, polici e s and 
administration. 



.Authority- G.S. I31D-IU.5: I43B-153. 

.0503 FINANCES 

{et) — Th e group home shall have a sound plan of financing 
which as s ur e s sufficient funds to e nabl e it to carr) out its 
d e fin e d purpo se s and prov i d e proper car e for childr e n. 

(b) Th e n e w group hom e shall have suffici e nt funds a ss ur e d 
to carrx it through its first y e ar of op e ration and a ss uranc e of 
ad e quate continuing support. 

(c) Th e group hom e which rec e ive s governm e nt fund s shall 
hav e an ind e p e nd e nt audit of th e fmancial r e cord s of th e 
corporation mad e at l e ast annually and the r e port shall b e mad e 
a part of th e home' s r e cords. A copy of thi s audit shall b e s e nt 
to th e Division of Social S e rvic e s, if this funct i on i s carri e d out 
bv th e county's fmancial r e pr e s e ntative, an audit will not b e 
r e quir e d on an annua l ba s is. 

(4^ — An e stimated budg e t shall b e pr e pared and approv e d 
iointl\ b\ th e board of dir e ctors and th e e x e cutiv e at th e 



e xp e nditur e s, and planning for s e curing ad e quate funds. 

{f) — After a permit to develop ha s b ee n r e c e iv e d and if th e 
organization plans to solicit funds for the propos e d group home, 
th e North Carolina law r e garding solicitation of funds as found 
in G.S. 131C s hall b e m e t. 

Authority G.S. I31D-10.5; 143B-153. 

.0504 STAFF 

(a) Ex e cutive Director. 

f+4 Qualifications 

(A^ — Th e e x e cutiv e dir e ctor shall have ability as an 
administrator and th e training and experience that 
qualifi e s him for his job r e sponsibilities: 
(6-) — Th e e x e cutiv e dir e ctor shall b e at l e ast 2 1 y e ars of 



m- 



Functions 



-The — e x e cutive — director — shaH — be 



r e sponsibl e — for th e — g e n e ral — manag e ment — and 
administration of the ag e ncy in accordanc e with 
lic e nsing r e quirem e nts and polici e s of the gov e rning 
body. Th e functions of th e Director or his d es ign ee 
shall include but not be limited to the following: 
(A^ — Interpr e tat i on — &f — lic e nsing — standards — aftd 

established child car e standards to the Board: 
f&^ — Initiating and canning out a sound program of 

r es id e ntial — chi l d — eare — in — accordanc e — with 

e stabli s h e d standards and a s approv e d by th e 

Board of Dir e ctor s ; 
fG) — Pr e paring — the — group — hom e — budg e t — with — the 

assistanc e — ef — thos e — of — h+s — staff — who se 

r e spon s ibiliti e s or abiliti e s qualify' th e m to help; 
f&^ — Pr e s e nting th e budg e t to th e Board or gov e rning 

authority for approval; 
fE^ — Employing and discharging all m e mb e r s of his 

stalft 
{¥^ — Holding staff meetings at regular int e rval s and 

di s cussing plans and policies with his staff; 
^G) — Organ i z i ng and promoting a program of e ducation 

for th e continu e d tra i ning and development of th e 

staffi 
fH^ — Sup e rvi s ion of th e group home staff; 
fH Conducting with e ach staff member an annual 

e valuation r e garding hi s job performanc e . — A 

writt e n copy of e ach e valuation shall b e k e pt on 

fH E s tablishing — and — maintaining — geed — working 

r el ationship s with other social s e rvic e s ag e nci e s in 
th e community, and a ss uming r e sponsibilitv for th e 
int e rpr e tation of th e home's program; 

fK^ — Administration, admi s sions and discharges of 
chi l dr e n and th e child car e program v^ith s uch 
d ele gation of actual work in th e s e ar e as as i s 
appropriat e . 



13:11 



NORTH CAROLINA REGISTER 



December 1. 1998 



859 



PROPOSED RULES 



(b) Prof e ssional S e rvic es Staff. 

f-M Each — group — hom e — shaH — have — availabl e — those 

prof es sional s e rvic es x' l hich a s sur e qualit> care for 
childr e n and provid e planning s e rvic es with their 
famili e s, inc l uding th e following: 

{A) — doctors. 

(B) — d e nti s t s . 

{€^ — nur se s. 

(©^ — social workers. 

f&) — psvchologists. 

<-P) — psvchiatrist s . 

fG-) — nutritionist s . 



(44-) — r e cr e ation work e rs. 

{i) t e ach e r s . 

{2^ S e rv ic e s may b e purchas e d on an individual basis or 

provid e d b\ m e mb e r s of th e hom e staff, or obtain e d 

through public or privat e programs. 



.0505 PERSONNEL POLICIES 

(a) Leav e . The group hom e shall hav e a writt e n policy which 
pro\ id e s child care staff tim e off duty e ach month, including one ^ 
■ 18 hour p e riod, depending on the staffing pattern utiliz e d and the w 
typ e of car e provided. 

fb^ Mb — D e scriptions. Duti es . — responsibilities. — afi4 

qualifications for each staff position shall be defin e d in writing. 

Authority- G.S. 131D-1UJ: 143B-153. 

.0506 SOCIAL SERVICES: ADMISSIONS: 
POLICIES: PROCEDURES 

(a) Admission polici e s shall b e cl e arK d e fin e d in writing and 
shall be r e vi e w e d annually and changed as needs and condition s 
in the community chang e. 

(b) Admi s sion proc e dur es shall b e in k ee ping v i ith th e stat e d 
polici e s of th e group hom e , and admissions shall b e limit e d to 



t^ 



Prof es sional — work e rs shall — hav e thos e sp e cial thos e childr e n for whom th e hom e is qualifi e d b\ s taff, program- 



qualifications that e nabl e them to work with 
chi l dr e n. 



facilities, and s e rvic es to give adequate care, 
(c) In group hom e s oth e r than sh e lt e r hom es , th e following 



fe-) — Child Care Staff. Couns e lors. T e aching Par e nts or information and mat e rials shall b e obtain e d prior to admission: 
Housepar e nts. 

(-H Qualification s 



(4+- 



(A-) — shall b e at le ast 1 8 s e ar s old: 

{B) — shall be m e ntalK and phvsicalK fit as e vid e nc e d 



bv th e follovsina: 



(+f- 



ik- 



(++4- 



{m^ 



-a — physical — e xamination — compl e t e d — by — a 
phvsician. — phvsician' s — assistant. — or nur se 
practition e r, h e r e aft e r r e f e rr e d to a s "licensed 
m e dical provid e r", prior to a ss uming th e 
position and e v e ry oth e r v e ar th e r e aft e r. Th e 
co s ts of phy s ical e xamination s which ar e 
r e quir e d for continuing e mplovm e nt ar e to b e 
paid bv th e group hom e : 
a h e alth qu e stionnair e compl e t e d bv — the 



(34- 



04- 



Verification that the person making application for 
plac e m e nt has th e authority to do so: 
A compl e t e d application for s e rvic e s sign e d bv' th e 
par e nts, legal custodian or ag e ncv w ith th e authority 
to place th e child: 
-A — social — s ummarv — which inc d e s background 



04- 



information on th e child, his familv. hi s pr e s e nting 
problems and curr e nt circumstances which will 
e nabl e th e group hom e staff to d e t e rmin e if th e 
child's n ee d s are consi s t e nt with th e hom e 's program 
of care: 

(4^ A writt e n plac e m e nt agreement sign e d bv authoriz e d 

p e rsons which includ e s th e servic e s to b e provid e d 
by the group home, and the r e sponsibiliti e s of th e 
parents and l e gal custodian, indicating who will be 
r e sponsibl e for th e child' s financial and m e dical 
n ee ds, fees to b e paid, cons e nt for e m e rg e ncy 
m e dical — tr e atm e nt. — l e ngth — ef — stw; — visitation 
e xp e ctations and limitations b e tw e en th e child and 
his familv. and th e sch e dul e of r e vi e w conf e r e nc e s: 

{&^ Docum e ntation — of a — phvsical — e xamination — as 

s p e cifi e d in Rul e .051 l (a)( I ) of this Subchapt e r. 
fd^ — In a group hom e that has a writt e n agr ee m e nt with a 
department of social serv ices to prov id e r e sid e ntial child car e 
e xclusiv e lv for childr e n for v\hom that d e partm e nt of s ocial 
s e rvic e s has plac e m e nt authorirv. th e group hom e or d e partm e nt 
tA-) — shall hav e responsibility — for th e dav to dav of social s e rvic e s must compiv with all provisions of Paragraph 



individual staff on e ach v e ar wh e n a phvsical 

e xaminat i on is not r e quir e d: 

a TB skin t e st prior to as s uming th e position. 



and annual Iv th e r e aft e r, e xc e pt wh e n th e 
lic e ns e d m e dical p rov id e r adv is e s against it: 
(€4 — shall have e ducation, training and e xp e ri e nc e 

s uffici e nt to e quip th e m for th e duti es as s ign e d: 
fD^ — s ha l l not b e p e r s ons who hav e b ee n found to hav e 
n e gl e cted or abus e d a child bv anv ag e ncv dulv 
author i z e d bv lav^ to inv e stigat e all e gations of 
abus e or n e gl e ct. 
Duti e s 



activitie s of th e hom e and car e of th e childr e n. 



(c) of thi s Rul e . Sp e citic responsibiliti e s for s ocial s e rvic e s in 



tB^ — s hall a s sum e thos e duti e s assign e d th e m in Paragraph (c) of this Rule shall b e d e fm e d in th e writt e n 



accordanc e w ith any sp e cializ e d program of th e 
hom e . 



agr ee m e nt. 



( e ) In sh e lt e r hom e s th e following information and mat e rial s 



(d) Cl e rical Staff Each hom e shall hav e ad e quat e cl e rical shall bo obtain e d: 



s ervices to k ee p correspondenc e , r e cord s , booldv ee ping and fil e s 
curr e nt and in good order. 

Authorll^■G.S. 1310-10.5: 143B-I53. 



D e termination of cu s todv 



rrtht 



-72 — hours of 



f4^ 

admission with the l e gal custodian participating in 

th e admission proc e dur e : 
(5-) A writt e n cons e nt for plac e m e nt s ign e d bv the l e gal 

custodian within 72 hour s aft e r admission: 



860 



NORTH CAROLIXA REGISTER 



December 7. 1998 



13:11 



PROPOSED RULES 



^h 



A social summarv which includ e s background 



information on the child, his family, his pr ese nting 

problems, and curr e nt circum s tanc es within two 

we e ks of admis s ion; 
(4-) Docum e ntation of a physical a s s p e cifi e d in Rul e 

.051 4 (a)(1) of this Subchapt e r within two weeks of 

admission. 
ff) — In a sh e lt e r hom e that has a vvTitt e n agr ee m e nt with a 
departm e nt of social s e rvices to provid e r e sid e ntial child car e 
exclusiv e K for children for whom th e d e partm e nt of social 
s e rvic e s has plac e ment authority, th e sh e lt e r hom e or d e partm e nt (b) Whether thes e visit s will tak e plac e in th e group homo or 

of s ocial servic e s must comply with all provisions of Paragraph elsewher e shall b e th e decision of th e group hom e. 
(e) of this Rul e . Sp e cific r e sponsibilities for social s e rvic e s in (c) Visitation policies shall b e developed through consultation 

Paragraph ( e ) of this Rul e shall b e d e fined in th e writt e n with, and th e approval of the l e gal custodian of th e child, 
agre e m e nt. (d) If th e group hom e us e s private famili e s in th e community 

(g) In group hom e s oth e r than sh e lter hom e s, a writt e n plan of as vi s iting hom e s for childr e n for we e k e nds, holidays, or 
car e for e ach child shall be d e v e lop e d at th e tim e of admi ss ion. vacation, th e following shall b e r e quir e d prior to arranging such 
and r e vi e w e d at l e ast semiannually by th e group hom e staff. vi s its: 



(-1-) In sh e lt e r homes, an evaluation shall b e made 

(3^ In all oth e r group hom e s, an e valuation shall b o 

mad e at l e a s t se mi annually. 

Authority G.S. 131D-10.5; 143B-153. 

.0509 SOCIAL SERVICES: VISITING POLICIES 

(a) Vi s its of r e lativ e s with childr e n and of childr e n with their 
families s hall b e plann e d on an individual basis. 



par e nts, and l e gal custodian and th e child, wh e n appropriat e . In 
s h e lt e r homos th e writt e n plan of car e shall b e d e v el op e d within 
72 hours of admission and r e vi e w e d e v e ry oth e r w ee k by th e 
group hom e s taff, par e nts and l e gal custodian, and th e child, 
when appropriat e . This plan of car e shall includ e : 

fH Th e exp e ctations and goals to b e r e ach e d by th e 

child whil e in car e : 

{^ Th e tasks and activiti e s of th e group hom e staff to 

m ee t th e n ee ds of th e chi l d wh i l e in car e : 

{^ Th e tasks and activiti es of th e par e nts and l e ga l 

custodian to m ee t th e n ee ds of th e ch i ld while in 



f+4- 



Writt e n cons e nt shall b e obtain e d from the l e aallv 



Authorities. I3ID-I0.5: 1438-153. 

.0507 SOCIAL SERVICES: DISCHARGE POLICIES 

(a) A written di s charg e plan s ha l l b e part of th e plan of car e 
for each child. Th e child shall participat e in th e formulation of 
the plan, if pos s ibl e . 

(b) A sch e dul e of r e vi e ws of the progr e ss mad e towards th e 
discharg e plan shall b e s e t up to includ e th e group hom e staff, 
the responsibl e ag e ncy r e pr e s e ntativ e , th e child and par e nt s 
and'or relativ e s, wh e n appropriat e . 

fe^ — If th e child i s unabl e to partic i pat e in th e r e vi e w 
conference, ho shall b e k e pt inform e d of th e progr e ss mad e 
tov\ard th e discharg e plan, and b e giv e n suffici e nt tim e to 
prepar e for hi s d e partur e from th e hom e . 



Authoriti-G.S. 13ID-10.5: 143B-153. 



.0508 SOCIAL SERVICES: 
AND FAMILY 



SERVICES TO CHILD 



r e spon s ibl e ag e ncy or p e r s on of th e child prior to 
such a vi s it. 

(3^ Th e int e r e sts, n ee ds, and w e lfar e of th e child shall 

b e ass e s se d, and th e child shall b e agr ee able to the 
arrang e m e nt. 

(3-) A pr e liminary vi s it betw ee n th e child and famiK' ho 

plans to visit, shall lak e place prior to an ov e rnight 
visit. 

(4) Th e host fam i ly shall bo ass e ss e d prior to such a 

visit, to d e termine that thoy can provid e prop e r care 
and sup e rvision for the child, and if they share 
common int e r e sts with th e child. — The assessment 
s hall include: 
fA^ — A visit to th e host family' s hom e : 
fB) — A compl e t e d appl i cation on th e host family: 
{Q) — A bri e f social history on th e host family: 
f&) — A s ign e d agr ee m e nt by th e host family and th e 
group — hom e — er — ag e ncy. — vshich — s tat e s — the 
r e spon s ibiliti es of e ach, and that th e ho s t family 
fully und e rstands th e s e r e sponsibiliti e s; 
(£^ — R e spon se s from thr ee r e f e r e nc e s that th e host 
family can provid e th e proper car e and sup e rvision 
n ee d e d by th e child. 



Authoril^■G.S. I31D-10.5: 143B-153. 

.0510 SOCIAL SERVICES: FOLLOW LP SERVICES 

(a) Sor\'ices to support and maintain the child in his r e turn to 
th e commun i ty shall bo offered. 

(b) I f th e di s charging group hom e is not staffed to r e nd e r this 
s e rvic e , a r e f e rral shall b e mad e to a county d e partm e nt of social 



(a) Th e group home shall provid e tho se s e r\'ic es to a child and servic e s or private family and children's s e rvic es ag e ncy. 
hi s family which it has stated it will provid e . 

(fe) — Th e group homo s hall mak e r e f e rrals to. and work Authority G.S. 13ID-I0.5: I43B-153. 
coop e rativ e ly w ith other agencies and community r e sourc e s. 

{e) — Th e group hom e shall e valuat e e ach child's plac e m e nt .0511 



n e eds on a r e gular basis, and shall includ e th e par e nts and 
r e lativ e s, as w e ll as th e ag e ncy with legal responsibility for th e 
child in the review. 



SOCIAL SERVICES: RECORDS AND 
REPORTS 

(a) Child's Cas e R e cord. 
(4-) In group hom e s other than sh e lt e r homes a compl e t e 



13:11 



NORTH CAROLINA REGISTER 



December 1, 1998 



861 



PROPOSED RULES 



and confidential cas e r e cord s hall b e maintain e d 

which s hall contain th e following: 
(A-) — Docum e ntation of plac e m e nt authorit\\ 
(64 — Socia l summar>: 
(€) — Compl e t e d application for s e rvices: 
{©) — Writt e n plac e m e nt agre e m e nt: 
f&) — Writt e n plan of car e includina th e se miannua l 



r e vi e ws: 

fR Docum e ntation that v e rifi e s th e child's birth: 

{G) — Pr e admis s ion — physical — e xamination. — artd — am- 

sub se quent — medical — information — s«eh — as 

hospitalizations. — significant — illn e ss e s. — d e ntal 

e xamination s , e tc.: 

Immunization record (thi s r e cord must b e obtain e d 



f+44- 



k^ 



vsithin 30 davs of a child's admission to th e home): 

(4-) A — discharg e — s ummary — wrth — the — date — and 

circumstanc es of discharg e . 
In a group hom e that has a writt e n agr ee m e nt with a 






Authority G.S. 131D-1().5: 143B-153. 

.0512 CHILD CARE AND DEVELOPMENT: 
PROGRAM 

fa4 — Th e child car e program s hall b e d e signed to provid e 
opportuniti e s for po s itiv e l e arning e xp e ri e nc e s for the child and 
shall b e g e ar e d to th e n ee ds of th e childr e n s e rved. 

fN — If th e hom e us es a sy s t e matic approach for alt e ring 
maladaptiv e — b e havior. — both — r e sid e nts — emd — staff shall — be 
thoroughly in s truct e d in this sv s t e m. 

fe4 — Staff administ e ring th e program s hall have had prior 
e xp e ri e nce or training in th e principl e s of this system. 

f4) — There shall b e an annual e valuation b\ the board of 
dir e ctors to m e asure the e ffectiv e n e ss of th e program and to 
offer direction for needed changes. 



d e partm e nt of social se rvic e s to provid e r e sid e ntial Authorit}- G.S. 131 D. Art. lA: 143B-153. 



child car e e xclusiv e lv for childr e n for whom th e 
d e partm e nt — evf — social — se rvic e s — has — plac e m e nt 
authority, sp e cific responsibiliti e s for children's 
r e cord s in Subparagraph (a)( I > of this Rul e must be 
id e ntifi e d in th e writt e n agr ee m e nt. 

f54 In s h e lt e r hom e s, a confid e ntial ca se r e cord s hall b e 

maintain e d v i hich shall contain th e follow ing: 
fA4 — / \ w ritten plan of car e develop e d within 72 hours 

of admis s ion: 
f&) — Plac e m e nt cons e nt, sign e d b\ th e p e rson or ag e ncy 
\sith plac e m e nt authority within 72 hour s of a 
child' s admission: 



hM 



(44- 



(€4 — R e port of th e m e dical e xamination if a chi 
r e mains in car e long e r than two w ee ks: 

{&) — Social s ummary, with information indicating that 
th e group hom e 's program of car e is appropriat e if 
th e child r e mains in car e long e r than two w ee ks. 
In a sh e lt e r hom e that ha s a writt e n agre e m e nt with 



a d e partm e nt of social s e rvic e s to provide resid e ntial 
child car e e xclusivelv for childr e n for whom th e 
d e partm e nt — t>f — s ocial — s e p>ic e s — has — plac e m e nt 
authority — sp e cific r e sponsibiliti e s for childr e n's 
r e cords in Subparagraph (a)(3) of this Rul e must b e 
id e ntified i n th e writt e n agr ee m e nt, 
(b) Sh e lt e r Log. In sh e lt e r hom es , a log shall b e maintain e d 
that lists at a minimum th e follow ing: 

(44 child's nam e . ag e . s e x. and rac e : 

04 



(24 l e gally — r e sponsibl e par e nt, r e lativ e , or ag e ncy 



f*^ 



r e pr ese ntative's nam e and t e l e phon e numb e r: 
dat e of admis s ion: 



(+f- 



dat e of discharg e . 



(-e4 — Staff M e dical Reports. — .\ m e dical r e port shall b e 
comp le t e d prior to e mplovm e nt and ever y o t h e r v e ar th e r e aft e r 
and maintain e d on e ach full and part time child caring s taff, any 
r e latives r e siding in th e home, and any p e rson r e sponsibl e for 
pr e paring or s e rv ing food in th e hom e . 

(d) Annual R e po r t. Each group hom e shall submit an annual 
s tatistica l r e port as r e quired by th e D e partm e nt to th e lic e nsing 
authoritv within 60 dav s aft e r th e e nd of the program's fi s cal 



.0513 EDUCATION 

Childr e n shall attend the public school to which th e y ar e 
ass i gn e d unl e ss an alt e rnativ e e ducation plan i s agr ee d upon by 
th e child, th e hom e , and th e r e sponsibl e p e rson or ag e ncy 
making plac e m e nt. 

.4uti -it}- G.S. 131 D. Art. lA: 143B-I53. 

.0514 CHILDCARE AND DEVELOPMENT: HEALTH i 

(a) M e dical Program. Ev e ry group hom e shall have a planned ' 
program of m e dical car e . 

f+4 M e dical R e quir e m e nts for Admission. 

fA4 — No child shall b e acc e pt e d into a group hom e 
without hav ing had a physical e xamination w ithin 
90 days prior to admission. v\hich sha l l includ e a 
sign e d stat e m e nt bv a lic e ns e d m e dical provider 
sp e cifying th e child's curr e nt m e dical condition 
and m e dications pr e scribed and indicating th e 
pres e nce of any communicabl e dis e as e or m e dical 
condition which ma\ pos e a significant risk of 
transmission in th e facilitv. — If a child is in th e 
cu s todv of a d e partm e nt of social se rv ic es , i s 
alr e ady sch e dul e d to hav e and is having a physical 
compl e t e d annual Iv. and is e nt e ring a privat e group 
hom e , th e sch e dul e of annual phvsicals shall not 
b e chang e d. Howev e r a copy of th e mo s t r e c e nt 
phvsical — shaH — be — sent — by — the — r es ponsibl e 
department of social s e rvic e s to the privat e group 
hom e for th e child's record th e r e e xc e pt that in 
sh e lt e r hom e s, th e physical examination and 
stat e m e nt shall b e obtain e d within tvvo w ee ks of a 
child's admi ss ion. 

(S4 — . ' \ child admitt e d to a group hom e shall b e 
immunized against diphth e ria, t e tanus, vvhooping 
cough. — poliomv e litis. — red — m e a s l e s — (rub e ola). , 
rub e lla, mump s , and any other dis e as e as r e quir e d 
by I5A NCAC 19A .o' l OO. which is incorporat e d 
bv r e f e r e nc e including s ub se qu e nt am e ndm e nts 



862 



NORTH C.4ROLI.\.4 REGISTER 



December 1. 1998 



13:11 



PROPOSED RULES 



and e ditions, prior to admission, or as soon aft e r as 
practical. Docum e ntation of th ese immunization s 
shall b e obtained within 30 dav s of a child's 



(7^ D e ntal R e cord s . Included in a child' s m e dical r e cord 

s hall — be — a — d e ntal — r e cord. — showing — dat es — ef 
e xaminations and by whom given. 



admission. A copy of ISA NCAC lOA .0 4 00 may (b) Routin e Asp e cts of H e alth. P e rsonal Hygi e ne, and Saf e ty. 



(^ 



b e obtain e d from th e Offic e of Admini s trativ e 
H e arings. P.O. Draw e r 27147. Raleigh. North 
Carolina, (919) 733 267 8 . at a co s t of two dollars 
and fifty c e nts ($2.50) at th e tim e of adoption of 
thi s Rule. A copy is availabl e for in s p e ction in th e 
Childr e n's S e rvic e s S e ction. N.C. Division of 
Social S e rvic e s. Albemarle Building. 325 North 
Salisbury Str ee t. Ral e igh. North Carolina 27603. 
M e dical Care. Arrang e m e nt s s hall b e mad e with at 



least on e lic e ns e d physician and on e d e ntist for th e 
care of childr e n in th e hom e . 

(4^ Hospital Car e . Arrang e m e nts shall b e mad e with a 

hospital for the admission of childr e n from th e group 
hom e in the ev e nt of s e rious illn es s or in an 



W- 



omcrgoncy. 
First Aid. 



(A) — Hous e par e nts shall r e c e iv e training and b e abl e to 
administ e r first aid. 

(B-) — First aid kits shall b e availabl e for instant us e . 
f5^ Hom e M e dical Car e Practic e s. 

{A) — Group hom e s s hall not e ngag e in any m e dical car e 
practic e s that conflict with th e control m e a s ur es 
for communicabl e di se as es in 15A NCAC I9A 
■0200. — which — is — i ncorporat e d — by — refer e nce 
including subs e qu e nt am e ndm e nts and e ditions. A 
copy of I5A NCAC 19A .0200 may b e obta i n e d 
from th e Offic e of Administrativ e H e arings. P.O. 
Draw e r 27 44 7. Ral e igh. North Carolina 27611. 



(919) 733 2678. at a co s t of two dollar s and fifty- 
c e nts ($2.50) at th e tim e of adoption of this Ru le . 
A copy i s availabl e for insp e ction in th e Childr e n' s 
S e rvic es S e ction. N.C. Division of Social S e rvic e s. 
Alb e marl e Building. 325 North Salisburv' Str ee t. 
Ral e igh. North Carolina 27603. 

f&) — Hous e par e nt s s hall b e abl e to r e cogniz e th e 
common s ymptom s of i l ln es s es of childr e n and to 
not e any mark e d phy s ical or e motional handicap s 
of childr e n. 

fG^ — A — s t e ril e clinical th e rmom e t e r s hall b e k e pt 



availab le for us e . 

M e dicin e s upply cabin e t s shall b e k e pt lock e d 

wh e n not in imm e diat e u se . 



(^ 



M e d i ca l R e cord s . Each child s hall hav e 



i onal 






a p e n 

m e dical r e cord availabl e which shal l includ e : 
th e stat e m e nt of th e physician who e xamin e d him 



at the tim e of admission to th e hom e : 

a record of his immunization s : thi s r e cord s hall b e 



obtain e d within 30 days of a ch il d' s admission to 

th e hom e : 
{Q) — cons e nt of par e nts or guardians for m e dical car e : 
(O) — a r e cord of th e m e dical care and examinations 

giv e n whi le in car e . — including a r e cord of 

hospitalization s , significant illn e sses or accid e nts. 

and tr e atm e nt giv e n. 



fH Staff shall routinely apply g e n e ral inf e ction control 

proc e dur e s which shall includ e but not b e limit e d to 
Univ e rsal Pr e cautions sp e cifi e d by the Centers for 
Disease Control. U.S. D e partm e nt of Health and 
Human Services. Public H e alth S e rvic e s. Atlanta. 
G e orgia — which — is — incorporated — by — r e f e r e nc e 
including subs e qu e nt am e ndm e nts and e ditions. A 
copy of that docum e nt may b e obtain e d from the 
National AIDS Information Cl e aringhous e . P.O. 

Bex ^mi-. Rockville. Maryland 20850, 

1 800 ' 158 523 1, at no cost for a sing l e copy at the 
tim e of th e adoption of this Rul e . — A copy is 
availabl e for in s p e ction in th e Childr e n's S e rvic e s 
S e ction, — NrC^^ — Divi s ion — ef — Social — S e rvic e s, 
Alb e marl e Building. 325 North Salisbury Str ee t, 
Ral e igh. North Carolina 27603. 

(3) Sl ee p. — Each child in a group hom e shall hav e 

e nough sl ee p for hi s ag e at r e gular and r e asonabl e 
hours and und e r condition s conduciv e to r e st. Whil e 
childr e n ar e a s l ee p, at l e a s t on e s taff m e mb e r shall 
b e n e ar e nough to h e ar call s . 

(4^ Hygi e n e . — Childr e n shall b e taught and h e lped to 

ke e p thems e lv es cl e an. They shall r e ceive training 
in all aspects of personal hygiene. Bathing and toil e t 
facilit i es shall b e in working order and kept cl e an. 

(4) Toilet Articl e s. 



(A-) — Each child s hall hav e hi s own clearly identifi e d 
toothbrush, comb, tow e l and wash cloth and his 
own se parat e plac e for keeping th e se p e rsonal 
articl es . 
{%) — Tow e l s , wash cloths, and bed lin e ns shall b e 
chang e d w ee kly or mor e often as required by good 
hygi e n e . 

f5) Saf e ty. — A ny child car e s taff transporting a child 

shall hav e s uch child prop e rly s e cured in a child 
pass e ng e r — r e straint — s y s t e m — pur s uant — te — the 
r e quir e m e nts of G.S. 20 137.1. 
(c) Nutrit i on. 



f+^ 



M e als s e rv e d to all childr e n shall provide for th e ir 



nutrit i onal r e quir e m e nts as advi se d by the National 

R e search Council (R e comm e nd e d Da i ly Di e tarv' 

Allowanc e s). 
(3) An\ modifi e d food n ee d s of an individual child shall 

b e provid e d und e r th e direction of a lic e ns e d 

m e dical provid e r. 
(3^ Th e m e nus shall b e plann e d by or in consultation 

with a r e gist e r e d nutritionist or di e titian. 



Aulhorin-G.S. 1 310-10.5: 143B-153. 



.0515 



CHILD CARE AND DEVELOPMENT: 
RECREATION 

(a) There sha ll b o a plann e d program of recr e ation in line with 
the ages of the children and th e purpos e of th e group hom e . 



J 3: 11 



NORTH C4R0LINA REGISTER 



December 1, 1998 



863 



PROPOSED RULES 



{h) — Thi s program shall incorporat e th e r o sources of the 
community' and involv e m e nt in communit>' activiti es . 

AuthorinG.S BID. Art. I A: 143B-I53. 



{3:) the children to be served: 

{i) th e range of s e rvic e s to be provided. 



AuthorinG.S. BID. Art. lA: J43B-153. 



.0516 DISCIPLINE 

(a) — In planning discip l in e , the child's ag e . int e llig e nc e , 
emotional mak e up and his past e xp e ri e nc e shall b e consid e r e d. 

(b) Di s cipline shall b e con s ist e nt. 

(c) Appropriate work tasks or d e nial s of privil e g es s hall b e 
acc e ptabl e m e thod s of di s ciplin e . 

(d) D e nia l of m e als shall not b e us e d as punishment. 

( e ) Corporal puni s hm e nt shall not be us e d. 



(-ft Isolation or lock e d custod\ — shall not b e 



se d a s 



pun i shm e nt, 
(g) No intimidation or v e rbal thr e at s shall b e u se d. 



Authority- G.S. 1 31 D, Art. lA; 143B-153. 

.0517 WORK 

(a) Th e work program for childr e n in th e group hom e shall 
hav e a s its purpos e th e d e v e lopm e nt of good uork habit s and a 
s e n se of r e sponsibilitx. Th e provision s of th e N'.C. Child Labor 
Lau conc e rning ag e . hours of l abor and hazardous occupations 
shall b e compli e d with th e assignm e nt of \\ork to childr e n. 

(b) Childr e n s hall not b e r e quir e d to b e s ol e K r e sponsibl e fef 
an\ major phas e of operation or maintenance of th e hom e . T. "•. 
would inc l ud e cooking, laund e ring, housekeeping, farming, and 
r e pair work. 

(c) No hom e s hall r e quir e a child to work for th e purpos e of 
pa\ ing th e hom e for his cost of care exc e pt wh e re an old e r child 
moving toward s e lf support e nt e rs into a contract w ith th e hom e 
in which h e i s paid for his vsork and assum es a gradual d e gr ee of 
r es ponsibilit} for his own n ee ds. 

Authority- G.S. 13 ID. Art. I A: 1438-153. 

.0518 E.XPLOITATION 

(») — No child shall b e us e d in an> wax for th e purpo se of 
s ol i citing funds. 

(b) N e ith e r s hall h e b e i d e ntifi e d in conn e ction w ith publicitx 
for th e hom e in any wa> which would caus e him or hi s famiK 
e mbarrassm e nt. 

(c) Before pictur e s or any other m e an s of id e ntity ing childr e n 
ma\' be us e d in publicity or public r e lations e fforts for the home. 
a stat e m e nt of p e rmission shall b e obtain e d from th e par e nts or 
cu s todian of th e child. Such p e nnission shall b e obtain e d e ach 
and e v e ry time public r e lations e fforts ar e undertak e n . 



Authority- G.S. 13 ID. Art. lA: 1438-153. 

SECTION .0600 - MINIMUM STANDARDS FOR 
PRIVATE AND PUBLIC AGENCY GROUP HOMES 

.0601 PURPOSE 

Th e ag e nc\ s hall cl e arlx d e fine in wr i ting th e purpo se th e 
group hom e i s to se rv e , including the following: 
f-H th e g e ographic area to b e s e r\ e d: 



.0602 FINANCES 

Th e ag e ncv s hall hav e a sound plan of Financing th e group 
hom e which assur e s suffici e nt fund s to e nable it to carry out it s 
d e fin e d purpos e s and provid e prop e r car e to childr e n. 

Authority- G.S. BID. Art. lA: 1438-153. 

.0603 STAFF 

(a) Th e r e s hall be a r e sponsible staff p e rson d e signat e d as 
supervisor of th e group home staff and op e ration. 



f^ 



Child Care Staff. Couns e lor s . T e aching Par e nts, or 



Hous e par e nts. 

{4^ Qualifications 

(-fir) — shall b e at l e ast 18 y e ars of ag e : 

fB^ — s hall b e mentalK and ph\sically fit as e vid e nc e d 



W- 



b\ th e following: 

-a — physical — e xamination — compl e t e d — by — a 



l i c e n se d m e dical provid e r, prior to as s uming 



th* 



i ition and e v e rv oth e r \ e ar th e r e aft e r: 



M- 



{m- 



-pe; 

th e costs of phv s ical e xaminations which ar e 
r e quir e d for continuing e mplox m e nt ar e to b e 
paid b\ th e group hom e : 
a health questionnaire complet e d b\' th e 
indixidual staff on e ach \ e ar wh e n a phx s ical , 
e xamination is not r e quir e d: ' 

a TB skin t e st prior to assuming th e position. 



and annualK th e r e aft e r e xcept wh e n th e 
lic e ns e d m e dical provid e r advis e s against it: 
{€-) — shall hav e e ducation, training and e xp e ri e nc e 

suffici e nt to e quip th e m for th e duti e s assigned: 
fB4 — s hall not b e p e rsons who hav e b ee n found to hav e 
n e gl e ct e d or abus e d a child b\ anv ag e ncv dulv 
authoriz e d b\ law to inv e stigat e all e gations of 
abus e or n e gl e ct . 
(3) Duti e s 



i-fit^ — s hall hav e r e sponsibilitv — for th e dav to da> 
activities of th e hom e and car e of th e childr e n: 

fB-) — s hall assum e those duties assign e d th e m — m 
accordanc e with anv sp e cialized program of the 
hom e . 



Auihoriiy- G.S. 13 ID- 10. 5: 1438-153. 

.0604 PERSONNEL POLICIES 

(a) L e av e . Th e group hom e shall hav e a writt e n policx which 
provid e s child care staff tim e off duty e ach month, including at 
l e ast on e 1 8 hour p e r i od, d e p e nding on th e s taffing patt e rn 
utiliz e d and th e tvp e of car e provid e d. 

fb^ Jeb — D e scription s . Duties. — r e sponsibiliti e s. — and 

qualification s for e ach staff position shall be d e fin e d in writing. 

Authority G.S. 131D-10.5: 1438-153. 



864 



NORTH CAROLINA REGISTER 



December L 1998 



13:11 



PROPOSED RULES 



.0605 SOCIAL SERVICES 

Social s e rvic e s shall b e gov e rn e d by Rul e s .0506 through 
.051 1 of this Subchapt e r 

Authority- G.S. BID. Art. lA: N3B-153. 

.0606 CHILD CARE AND DEVELOPMENT 

Child car e and development shall b e gov e rn e d by Rul e s .0512 
through .0518 of this Subchapt e r 

Authority G.S. 13!D. Art. lA; 143B-153. 

SECTION .0700 - MINIMUM STANDARDS FOR THE 
PHYSICAL FACILITY FOR GROUP HOMES 

.0701 CONSTRUCTION: GENERAL 
REQUIREMENTS 

Any individual or organization proposing to build a new 
facility or conv e rt an e xisting building for a group home for 
childr e n must comply with North Caro l ina Stat e Building Code 
which is adopt e d by r e f e r e nc e pursuant to G.S. 150B l ' l(c). 

Authorities. 131D-10.5: 143B-153. 

.0702 CONSTRUCTION: FUNCTIONAL 
REQUIREMENTS 

(a) Living Room. 

<4-) ■" h e living room shall b e acc e ssibl e from an outsid e 

e ntrance without going through sl ee ping ar e as or 
food s e rvic e or pr e paration ar e a s . 

^3) Th e living room shall hav e an area of 200 square 

f ee t or. in e xisting buildings, shall be largo enough 
to m ee t th e n ee ds of th e famiK. r e s i dents and guests. 

(b) Dining Ar e a. 

{M Th e dining ar e a shall be near th e kitch e n. 

(3) Th e dining ar e a shall be a minimum of 120 squar e 

f ee t in siz e or. in e xisting buildings s hall b e larg e 
e nough to s e at all family, r es id e nt s and gu e sts 
comfortabK. with adequat e spac e for s e rving food. 

(c) Kitch e n. Th e kitchen shall bo larg e e nough to provid e for 
pr e paration and pres e r>'ation of food and cl e aning of di s h e s. 

(d) B e drooms. 

{V) Rooms us e d for sleeping shall b e cl e arl\ id e ntifi e d 

as b e drooms and s hall not se rv e dual functions. 

(3) No child shall share a b e droom with an adult. 

{¥) Each child shal l have hi s own b e d e xc e pt that 

siblings of th e same sox max shar e a doub le b e d. 
{A) Childr e n old e r than s ix y e ars old of diff e r e nt s e x e s 

shall not share a b e droom. 
{&) Each b e d shall b e not l e ss than 30 inch e s wid e nor 

l es s in l e ngth than the height of the child. 
{^ Each b e d shall b e provided vsith s ubstantial springs. 

a comfortabl e mattr e ss and s uitabl e b e d cov e ring. 
f7^ Th e r e s hall b e thr ee fe e t of floor spac e b e tw ee n 

{;%) Bunk bods ar e not r e comm e nded. How e v e r, if th e y 

ar e to be used. th e \ shall b e at l e ast fiv e f ee t apart. 
{^ No day bed. convertibl e sofa or oth e r b e dding of a 



(^ 



t e mporary nature shall b e used. 

fW) B e droom s shall b e equipped with a minimum of 50 

cubic f ee t p e r child for storage of clothing and other 
p e rsonal b e longings except that shelter homes with 
a maximum l e ngth of stay of 15 days shall b e 
e quipp e d with a minimum of five cubic fo e t per 
child for storage in b e droom s . 

fl4^ B e drooms for multiple occupancy s hall provid e a 

minimum of 80 squar e f e et for e ach child, excluding 
clos e t and wardrob e s pac e . — B e droom s for single 
occupancy shall provid e a minimum of 100 square 
f ee t, e xcluding clos e t and wardrob e space except 
that sh e lt e r hom e s with a maximum l e ngth of stay of 
15 day s shall provide a minimum of '10 squar e foot 
p e r child in multi occupancy b e drooms. — Rooms 
with l e ss than 80 s quar e f ee t of floor ar e a shall not 
b e u se d as b e droom s - 
Bathrooms. 



Bathroom s s hall b e locat e d as conv e nientiv as 



W 

possible to th e b e drooms. 
(3^ The entranc e to th e bathroom cannot b e through a 

kitchen or oth e r bathroom. 
{^ Th e r e shall b e a minimum of two wat e r clos e ts, two 

tubs or on e tub and on e show e r availab l e to 

residents. 



Authority- G.S. 13 ID. Art. lA: I43B-I53. 



.0703 CONSTRUCTION: 
REGULATIONS 

(a) G e n e ral R e quir e m e nt s . 



FIRE SAFETY 



f4-) An e vacuation plan shall b e d e v e lop e d, and fire 

drills shall b e h e ld at r e gular int e rvals to assur e that 

both childr e n and staff ar e familiar with proc e dures 

to b e follovv e d in the e v e nt of tir e . 
{¥) Staff and childr e n shall b e train e d in prop e rly 

r e porting a fir e , in e xtinguishing a small fire, and in 

e scaping from a fir e . 
{¥) Fir e e xits, that is doors, hallways, and stairs, shall be 

w e ll lighted. They sha l l bo k e pt clear for pa s sag e 

and ready for instant use. 

All hom e s shall have a t e lephone. 



(4^ 

{^ When alternato systems of heating are b e ing 

considered, tho Division of Facility Services shall be 

notifi e d in ord e r to approv e th e s>stem prior to 

installation. 

(b) Annual Insp e ction. In ord e r to b e e ligible for a lic e ns e , a 

group hom e must r e c ei v e a satisfacton rating on inspection by 

th e count\ building insp e ctor or local fir e d e partm e nt b e for e th e 

hom e op e ns and annually th e r e aft e r. 

Authority G.S. I3ID-I0.5: I43B-153. 

.0704 CONSTRUCTION: HEALTH REGULATIONS 

(a) Group hom e s must meet tho minimum standards as set by 
tho North Caro l ina H e alth Services Commiss i on. 

(b) Each group home shal l hav e and us e a dishwash e r which 
is maintained i n good norkintz ord e r 



13:11 



NORTH CAROLINA REGISTER 



December /, 1998 



865 



PROPOSED RULES 



(c) In ord e r to b e e ligibl e for a lic e ns e , a group hom e must 
r e c e iv e an approv e d rating on insp e ction b\ th e count) s anitarian 
b e for e th e hom e op e n s and annually th e r e aft e r. 

Authority- G.S. 15ID-I0.5: 143B-153. 

SUBCHAPTER 4IG - MINIMUM STANDARDS FOR 
CHILD CARING INSTITUTIONS 

SECTION .0500 - PRIVATE INSTITUTION 
ORGANIZATION AND ADMINISTRATION 

.0501 DEFINITIONS 

(a) Child caring institution: a resid e ntial car e facility utilizing 
p e rman e nt buildings locat e d on one sit e for 10 or mor e childr e n 
who ar e d e p e nd e nt, n e gl e ct e d, abandon e d, d e stitut e , orphan e d- 
d e l i nqu e nt, or oth e nvi se in n ee d of car e away from th e ir own 
hom e and not held in d e t e ntion. Th e purpos e of a child caring 
institution is to provide fost e r car e and related ser\ic e s for 
ch i ldr e n who ar e unabl e to live in th e ir own hom e s. Exc e ption 
can b e mad e vsh e n no mor e than two group hom es l ocat e d on 
on e sit e and licens e d as m ee ting group hom e s for childr e n 
standards ar e op e rat e d by a county departm e nt of social se rvic e s 
or by a privat e program lic e ns e d to prov id e child car e or child 
plac e m e nt s e rvic e s. 

{b) — Dir e ctor: — the p e rson vsho is in charg e o^ th e facility, 
d e v e loping and sup e rvising its program of car e an ' .e rvic e s. 

(c) Chi l dr e n: includ e s p e r s ons r e siding in and und e r th e car e 
of th e institution who ar e 18 to 21 y e ar s of ag e . Childr e n of st aff 
m e mb e rs ar e not included. 



Authority G.S. BID. .Art. I A: 143B-153. 

.0502 PURPOSE 

Th e purpo se of th e institution shall b e clearly defin e d in a 
chart e r of i ncorporation which s hall b e fil e d in th e Qftlc e of th e 
Secretary of Stat e . Ral e igh. North Carolina. Such d e finition s 
s hall includ e th e g e ographical ar e a to be serv e d, th e childr e n 
who will b e acc e pt e d for car e and th e s e rvic e s to b e provid e d for 
th e s e childr e n and th e ir famili e s. — Changes in purpos e s of 
program shall b e prov id e d for in amendm e nts to the charter filed 
in th e Offic e of th e S e cretarv of Stat e . 



Authority G.S. 13 ID. Art. lA: 143B-153. 

.0504 LOCATION 

Th e institution shall b e locat e d availabl e to schools, church e s, 
hospitals, clinic s , m e ntal h e alth services and recreational 
faciliti e s. Th e location shall provid e saf e and ampl e playgrounds 
for childr e n in an ar e a conduciv e to th e ir h e alth and w e l l b e ing. 



Authority G.S. 13 ID. .4rt. I A: I43B-I53. 

.0505 GOVERNING BODY 

Th e institution shall hav e a gov e rning board r es ponsibl e for its 
prop e r funct i on in accordanc e w ith its purpos e s as s e t forth in a 
charter of incorporation and in writt e n by law s adopt e d by th e 
board: 



fH Composition of Board 

{st) Th e board shall b e compos e d of men and wom e n of 

various occupations and e xperi e nce. 



(^ 



Rf- 



{i¥ 



(a^ 



(^ 



(4f- 



Th e board s hall hav e a minimum of fiv e m e mb e rs 



M ee tings of th e Board of Dir e ctors. A m ee ting of th e 
gov e rning board s hall b e h e ld at least onc e a y e ar at 
th e institution. Eith e r th e full board or its e x e cutiv e 
committ ee (or e quival e nt) shall m e et at l e ast quart e rly. 
Perman e nt r e cords shall bo maintain e d of all m ee tings 
of th e governing board and th e e x e cutiv e committ ee . 
Functions of th e Board 



Th e gov e rning board s hall b e organiz e d and shall 
function according to writt e n bylaw s adopted for the 
jlation or manag e m e nt of th e affairs of the 



r e gul 



corporation. 

Th e board shall b e r e sponsibl e for determining th e 
purpos e s and — functions of th e in s titution. — fef 
adopting polici es gov e rning th e admini s tration. 
social s e rxic e s. child car e and d e v el opm e nt, and 
physical plant of th e institution, and for assuring that 
the — institution — functions — according to — polici e s 

e stablish e d — by — the — board. The — board — shall 

p e riodically r e vi e w th e in s titution's program to 
d e t e rmin e if changes are needed. 

fe-) Th e board shall e mploy a dir e ctor of th e institution 

v\ho m ee t s th e qualifications in Rul e .050 8 of thi s 
Subchapt e r and shall hav e r e sponsibility for its 
op e ration. — Wh e n th e institution is one of several 
faciliti e s gov e rn e d by th e s am e board, th e Dir e ctor 
may b e hir e d by th e e x e cutiv e of th e ag e ncy who 
shall b e e mploy e d by th e board. 



If for any r e ason th e Dir e ctor i s unabl e to p e rform 



assign e d duti e s, h e shall b e r e plac e d and an acting 
dir e ctor appoint e d. 

fe-) N« — m e mb e r — ef — the — gov e rning — board — Her 

subcommitt ee s th e r e of s hall dir e ctly administ e r any 
part of th e op e ration of th e institution. No e mploy ee 
of th e institution shall b e a m e mb e r of th e governing 
board. 

(^) Th e board shall b e r e sponsibl e for supervi s ing any 

inv e stm e nts of th e institution, approving the annual 
op e rating budg e t and any major it e ms not inc l uded 
in th e budg e t, authorizing a l l capital e xp e nditur e s, 
and planning for s e curing adequat e financial support 
for th e institution. 



.Authority- G.S. I3ID-IU.5: I43B-I53. 

.0506 FINANCES 

(a-) — Th e institution shall hav e funds to m ee t th e costs of 
carry ing out its d e fined purpos es and providing prop e r car e and 
s e rvic es for th e typ e and numb e r of childr e n acc e pt e d. 

(b) A budg e t shall b e approved by th e gov e rning board prior 
to th e b e ginning of e ach fiscal y e ar showing s ourc e s and 
amounts of incom e and prov iding for: 

f-1-) salaries for r e quir e d numb e r of staff. 

<-34 me e ting th e direct costs of car e for th e numb e r and 

typ e of children acc e pt e d. 



866 



NORTH CAROLI.\A REGISTER 



December 1. 1998 



13:11 



PROPOSED RULES 



(5)- maintenanc e of th e physical plant, 

(4) m ee ting the cost of any propos e d e xpan s ion or 

ropiacom e nt. 
(e) — Financial accounts shall be maintain e d showing all 
receipts, disburs e ments, ass e ts and liabiliti e s of th e in s titution. 
The accounting records shall b e maintain e d on a curr e nt ba s is 
and conform to g e n e rally acc e pted accounting principl e s. 
Financial reports shall b e mad e to th e board at l e ast quart e rly. 

{4) — All financial r e cords of th e institution which r e c e iv e s 
gov e rnm e ntal funds shall b e audit e d annually and th e audit 



r es pon s ibiliti e s: 

fH We — steH — have — r e sponsibility — fer — int e rpr e ting 

e stablished standard s of child car e and for initiating 
and carr^'ing out a sound program in accordance 
with these standards. 

^2) He shall prepare th e institution' s budg e t with th e 

assistanc e of those whos e responsibiliti e s or abilities 
qualify' th e m to h e lp. Th e budg e t shall b e pr e s e nted 
to th e board for approval. 

(3^ H e shall b e r es ponsibl e for all cu s tomary' purchases 



gov e mm e nia i runos snaii o e auoit e a annuany ana in e auoit ^^ n e snan o e r es ponsmi e ror an cu s iomar>' purcnascs, 

r e port mad e a part of th e institution's p e rman e nt r e cords. Th e with delegation of actual work to d e signat e d staff 

niirtit rhgll — ho mnHp \\\i on — inHonnnHnnt n i ihlip — nrrniintfint nr U^a — r . hnll — r.r > pi i rn — nnnrn\ i fnl — £cu: — mninr — i t a m t: — nnf 



audit shall b e mad e by an ind e p e nd e nt public accountant or 
public accounting firm. A copy of the audit shall b e submitt e d 
each y e ar to th e D e partm e nt of Human R e sourc e s. 

( e ) Th e provisions of the North Carolina law with r e gard to 
th e s olicitation of funds as found in th e G e n e ral Statut e s of 
North Carolina. Chapter 13 IC. Charitabl e Solicitation Lic e nsur e 
Act. shall be met b> thos e in s titutions carrying out campaign s 
within the purvi e w of this law. 



H e shall secure approval for major it e ms not 
authoriz e d in th e budg e t. 



(4^ 



44e — shaH — be — r e sponsibl e — fef — employing — and 
discharging all m e mb e r s of his staff with delegation 
of actual work to d es ignat e d s taff 
{§>) H e shall hold s taff m ee tings at r e gular int e rvals and 



di s cuss plans and polici es with his staff 
-He — shaH — provid e and promot e a program of 



AuthormG.S. I31D-I0.5: I45B-153. 

.0507 STAFF: GENERAL 

The institution shall provid e th e s taff and s e rvic e s n e c ess ary to 
insur e th e prop e r car e and s af e ty of childr e n in car e . — Staff 
m e mb e r s who provid e dir e ct car e for childr e n in th e institut i on 
or pr e par e th e ir food sha l l hav e a physical e xamination 
compl e t e d by a physician, phy s ician ^ a s si s tant, or nur se 
practition e r, h e r e aft e r r e f e rr e d to a s "lic e n se d m e dical provid e r", 
within at l e a s t six month s b e for e b e ginning work and bi e nnially 
th e r e aft e r. — A TB skin t e st i s r e quir e d prior to assuming th e 
position and annually th e r e aft e r, e xc e pt wh e n th e lic e ns e d 
m e dical provid e r advis es again s t it. Examinations shal l include 

t e sts n e c e ssary to d e t e rmine that th e staff m e mb e r is able to carrv' Authority G.S. 131D-10.5: 143B-153. 
out assign e d duti e s and do e s not have any communicab l e dis e ase 



e ducation — for — the — continu e d — training — and 
developm e nt of th e staff. — H e shall b e r es pon s ibl e 
for th e e ff e ctiv e n e s s and e ffici e ncy of hi s s taff. 

f7^ H e shall es tabli s h and maintain coop e rativ e working 

r el ationships with oth e r s ocial ag e nci es in th e 
community — and — hav e — r e spon s ibility — for — the 
int e rpr e tation of th e institution's program. 

ifi) H e s hal l hav e r es ponsibility for administration, 

socia l s e rvic e s, th e child car e program and th e 



w- 



physical plant of th e institution with d ele gation of 
actual work in th ese ar e as a s i s appropriat e . 
H e s hal l del e gat e authority to a qualifi e d staff 
m e mb e r during his abs e nc e from th e institution. 



or condition which pos e s significant risk of transmis s ion in th e 
facility. 

Authority G.S. I3ID-10.5: 143B-I53. 

.0508 THE DIRECTOR 

(a) Th e r e shall b e a full tim e dir e ctor to sup e rvis e th e program 



.0509 SUPERVISORY STAFF/PROFESSIONAL 
SERVICES 

(a) Th e D e partm e ntal h e ads, unit dir e ctors, s up e rvi s ors, and 
oth e r manag e m e nt staff shall b e qualifi e d by e ducation, training, 
and e xp e ri e nc e for th e particular job r e sponsibiliti es to which 
th e y ar e as s ign e d. 

fb) — Th e institution shall hav e availabl e tho se prof es sional 



of car e and s e rvices of an in s titution lic e n se d for 20 or mor e s e rvic e s which assur e appropriat e car e for childr e n. — Such 



childr e n, and a dir e ctor at l e a s t part tim e for an institut i on 
lic e ns e d for l e ss than 20 childr e n. 

(b) Th e Dir e ctor shall hav e e ducation, training, and e xp e ri e nc e 
that qualifies him for planning, administ e ring, and supervising 
a r e sid e ntial child care program. 

fe^ — A dir e ctor appoint e d aft e r th e e ff e ctiv e dat e of th e se 
standards sha l l hav e a degree from an accr e dit e d four y e ar 
coll e g e or univ e rsitv and shall hav e at l e ast two v e ars of work 



prof es sional s e rvic e s shall includ e thos e of doctors and d e ntists, 
nurs e s, social work e rs, psychologists, psychiatri s ts, di e titians, 
h e alth e ducators and t e ach e rs. 



.Authority G.S. 13ID-10.5: 143B-153. 

.0510 CLERICAL STAFF 

The — institution — shaH — have — cl e rical — s e rvic e s — te — keep 



e xp e ri e nc e , on e of which wa s in a s up e rvison capac i t). in the corr e spond e nc e , r e cord s , bookk e eping and fil e s curr e nt and in 

field of child w e lfare s e rvic e s, h e alth s e rvic e s, e ducation. good ord e r. Th e r e shall b e at l e ast on e cl e rical p e r s on on th e 

psycho l ogy, social s e rvic e s, r e ligious education, or oth e r alli e d s taff 
profession. 

(d) The Dir e ctor s hall b e in charg e of th e op e ration of the Authority- G.S. 131 D. Art. lA: I43B-I53. 
institution, making at l e ast quart e rly reports for th e board on all 

phas e s of its op e ration. H e shall hav e th e following .0511 CHILD CARE STAFF 



13:11 



NORTH CAROLINA REGISTER 



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867 



PROPOSED RULES 



(a) Th e re shall be at least on e child car e work e r as s ign e d for 
dir e ct car e and supervision to e ach living unit or group of 
childr e n at all tim e s. 



staff to provid e admission, r e sidential, and discharg e s e rvices to 
childr e n and th e ir famili es . To b e qualifi e d, s taff e mployed to 
provid e social se rvic e s aft e r th e e ff e ctiv e date of th e s e s tandardj f 



fb) — Th e ratio of child car e staff who ar e e mploy e d by th e shall hav e a d e gr ee in a human s e rvic e fi e ld from an accitdili- B 
institution to provid e car e and s up e rvision for childr e n sha l l b e four y e ar coll e g e or univ e r s ity. — Th e y shall b e familiar with 
on e for e v e ry t e n childr e n six y e ars of ag e and old e r and on e for 
e v e ry e ight childr e n young e r than six y e ar s of ag e includ e d in 
th e living unit. If a living unit has al l childr e n young e r than six 

y e ar s of ag e th e r e s hall b e on e child car e work e r for fiv e Authority- G.S. 131D-10.5: 143B-153. 
childr e n. Staff includ e d in the ratio ar e child car e work e rs and 



community r es ourc es for childr e n and their famili e s in addition 
to th e institution's s e rvic es . 



s up e rvisors of child car e . Relief staff are not includ e d in th e 



.0602 ADMISSION SERVICES 

(a) Admission policies shall b e cl e arly d e fin e d in writing and 



(c) Each m e mb e r of th e child car e staff shall b e s e l e ct e d on th e availabl e to p e rsons or ag e nci es making inquiri e s. Admi s sion 



polici e s shall b e car e fulK r e vi e w e d from tim e to tim e and 
chang e d a s n ee ds and conditions in th e community chang e . 



basi s of hi s knov^ l e dg e , e xp e ri e nc e , and comp e t e nc e r e quir e d in 
caring for childr e n. 

(d) Child care staff shall b e no young e r than 18 years of ag e . (b) Admission s e rvic e s shall be in accordanc e with th e stated 

^ — Each child caro work e r shall be provid e d qualifi e d. polici e s of th e institution. Admissions shall b e limit e d to those 

comp e t e nt sup e rvision in th e ar e as of hom e manag e m e nt, child childr e n who n ee d car e apart from th e ir famili e s and for whom 

th e institution i s qualifi e d by staff, program, facilities, and 
s e rvic e s to giv e appropriate car e . 



r e aring, family lif e e ducation, sound h e alth practic e s and h e alth 
maint e nanc e , and food preparation and nutrition \shen m e als ar e 
pr e par e d in the living unit s by th e child car e work e rs. 

Aiithorit}- G.S. I3ID-I0.5: I43B-153. 

.0512 MAINTENANCE STAFF 

Th e r e s hall b e a suffici e nt numbr*- of maint e nanc e staff to 
a ss ur e that th e op e ration and maint e nu - e of th e institution shall 
not b e d e p e ndent upon th e work of th e childr e n in car e . 



(c) Staff r e sponsibility for d e ci s ion s on admis s ions shall b e 
cl e arly es tablish e d. 

(d) D e cision s on admissions shall b e bas e d upon a studv of the 
total situation of th e child and his particular n ee d s . Th e study 
shall — b e mad e prior to admission and shall — includ e all 
information which will e nabl e a car e ful analysis of the 
app lica tion to d e termine if th e in s titution's program of care is 
appropriat e for th e child. 

( e ) Wh e n par e nts or oth e r r e lativ e s with l e gal r e sponsibility^ 
for a child apply for th e child's adm i ssion th e institution shal^ 
a s c e rtain what communitv r e sourc e s ar e availabl e to k ee p th e 
child in his own hom e , such as financial as s istanc e , hom e mak e r 
s e rvic e s, day care s e rvice s , and other supportive services. 

s hall adh e r e to th e polici e s. — Th e s e polici e s shall includ e Countv d e partm e nt s of social s e rvic e s wh e r e r e qu e st e d can a ss ist 



AulhorityG.S. 131D..4rt. I A: 143B-I53. 

.0513 PERSONNEL POLICIES 

(a) Th e institution shall hav e writt e n p e r s onn e l polici e s and 



complianc e with al l applicabl e state and federal laws: 

f-H Job D e scriptions. Th e r e shall b e a curr e nt writt e n 

job d e scription for e ach position which includ e s 



famili e s in e valuating communir\ r es ourc es availabl e to th e m, 
(f) Childr e n s hall b e acc e pt e d by writt e n application sign e d b> 

th e p e rson or r e pr e s e ntativ e of th e ag e ncv having l e gal authorit> 
qualifications for the position, the duti e s of th e to plac e th e childr e n. Writt e n agr ee m e nts shall b e mad e s e tting 
position, and sp e cifi e s to whom th e e mploy ee i s 
r es ponsibl e . 



forth th e r e sponsibilities of th e inst i tution and of th e p e rson or 
ag e ncv ha\ ing l e gal authority for caring and planning for th e 



{^ 



L e av e . — Th e institution shall hav e a writt e n policy child. — Prov i sion shall b e mad e for continuing r e lationships 
which — provides — r e sid e nt — staff — with — dir e ct 



r e sponsibility for childr e n a minimum of s ix 2 4 hour 
day s off duty e ach month, 
fr ee tim e off dut\ e ach da\. 



betw ee n th e institution, the l e gally r es ponsibl e p e rson or ag e ncx. 
and th e child during th e p e riod of p l ac e m e nt. 
The> shall have som e (g) Th e provision s of th e North Carolina int e rstate placement 

laws (G.S. 110 50 to 110 57 and 110 57.1 e t. s e q.) shall b e m e t 



fiV 



Di s mi s sal. Th e r e s hall b e a polic\ conc e rning th e wh e n out of state children are b e ing con s id e r e d for admi ss ion or 



discharge of employ ees which includ e s a gri e vanc e 
procedure, 
(b) Living quart e rs shall b e provid e d for all staff whos e job 
r e sponsibiliti e s r e quir e them to liv e within th e institution. 

Authority G.S. 13ID-I0.5: 1438-153. 

SECTION .0600 - PRIVATE INSTITUTION SOCIAL 
SERVICES 

.0601 STAFF 

Th e in s titution s hall hav e on e or mor e qualified persons on its 



discharg e . North Carolina int e rstat e plac e ment l aws r e quir e th e 
approval of th e North Carolina D e partm e nt of Human R e sourc e s 
prior to plac e m e nt of a child b\ an out of stat e ag e nc\. 
Corr es pondence relativ e to admission, progr es s, and discharg e 
of childr e n in custodv of out of stat e ag e nci es shall b e rout e d 
through th e North Carolina Departm e nt of Human R es ourc e s, 
division of social s e rvic e s, as outlin e d in its op e rational manual. 
<4^) — No child shall b e acc e pt e d in an in s titution without a 
m e dical e xamination and a s tat e m e nt sign e d b\ a lic e ns e d ! 
m e dical provid e r sp e cily ing the child's curr e nt m e dica l condition * 
and m e dications pr es crib e d and indicating th e presence of ans 
communicabl e dis e as e or m e dical condition which ma\ po se a 



H6H 



NORTH CAROLINA REGISTER 



December I, 1998 



13:11 



PROPOSED RULES 



significant risk of transmission in th e facility. 
fh) — In th e e v e nt of e mergency admissions th e r e quir e d 



(a) Staff r e sponsibility' for d e cisions on discharging children 
shall b e clearly established. Childr e n und e r 1 8 years of ag o shall 



admi s sion proc e dures shall b e completed within two w e eks b e di s charg e d to th e p e rson or ag e ncy having l e gal custody of 
following admi ss ion. If mor e than fiv e perc e nt of an institution's th e childr e n, in s ofar a s possibl e th e r e leas e of each child shall 
population ar e admitt e d on an emerg e ncy basis, in any 1 2 month b e planned with him and with the person or r e pr e sentativ e of the 

ag e ncy having l e gal r e sponsibilit> for him allowing time for 
arrang e m e nt s to b e mad e for th e child's care. In all cas e s the 
d e ci s ion to di s charg e a child and th e child's d e cision to l e av e the 
institution shall b e mad e known to th e p e rson or ag e ncy having 
l e gal r e sponsibility for the child and opportunity' provided for 
discussion of this action. 

(b) Childr e n shall not b e r e l e as e d and admitted to th e car e of 
anoth e r institution or tr e atm e nt facility without the knowl e dg e 
and cons e nt of th e p e rson or ag e ncy having l e gal authority' for 
placing th e child. 

AulhorinGS. I3ID-10.5: I43B-I53. 

.0605 RECORDS 

(a) The institution shall maintain cas e r e cords for th e purpos e 
ef; 

f+^ prot e cting th e l e gal rights of th e child, his par e nts 



period, th e institution shall provid e an id e ntifiabl e program for 
the provi s ion of e merg e ncy car e in a living unit s e parat e from 
oth e r children in r e sid e nc e . 

Authority G.S. 131D-10.5: 143B-153. 

.0603 RESIDENTIAL SERVICES 

(a) Each child in car e shall hav e a s taff person r e sponsibl e for 
as s i s ting him in making th e best use of his stay in th e institution. 
This shall includ e opportunities to talk privat e ly about his 
e xp e ri e nc e s living in th e institution and to e xpr e s s gri e vanc e . 
Prof e ssional se rvices shall b e mad e availabl e for childr e n who 
n ee d h e lp in r e solving p e rsonal or family probl e m s . 

(b) Arrang e m e nts shall b e mad e for staff to talk with par e nts. 



r e lativ e s. — w — repr e s e ntativ e s — ef — ag e nci es — having — l e gal 
r es ponsibility, about an individual child's car e and adjustm e nt in 
the institution. 

fe-) — Visiting polici e s for th e in s titution s hall b e fl e xibl e to 
allow parents, r e lativ e s, and fri e nds to visit with childr e n at l e a s t 
t\vic e a month. 

fd^ — No child shall b e allow e d to visit with anyon e for 
weekends, holidaxs. and vacations without th e cons e nt of th e 
p e rson or ag e nc\ having l e gal r e sponsibilitv for him. 

(e) If th e institution us e s privat e famili e s in th e communitv a s 
visiting hom e s for childr e n th e int e r es t s , n ee ds, and w e lfar e of e ach child: 



e ach child shall be cons i d e red in arranging th ese visits. Th e 
institutions shall ass e ss e ach privat e family to b e us e d as a 
visiting hom e to d e t e rmin e if th e family can prov i d e prop e r car e 
and supervision for children. 

(f) A r e view shall be mad e at l e ast onc e a y e ar of e ach child 
in car e to r e ass e ss his n ee ds. Th e r e vi e w is to id e ntify what t>'pe 
of care and s e rvices are n e eded b\ th e chi l d, if he needs 
continued care in th e institution, or if his famiK circumstances 
have changed and he can be return e d to his home. 

(g) Wh e n a child whose par e nt s plac e d him in th e institut i on 
no longer has his par e nts available to him du e to th e ir d e ath, or 
incapacit>. or abandonment of th e child, th e in s titution s hall 
r e fer the matter to th e count>' d e partm e nt of s ocial se rvic es or 
court having jurisdiction or to an attorn e y with th e r e qu e st for a 
l e gal guardian or custodian to b e appoint e d for th e child. 

(+H — Wh e n adoption is in the best interest of a child who se 
parents ar e deceas e d or whos e par e nt s or oth e r r e lativ e s cannot 
provide a hom e for him. r e f e rral for adoption s e rvic e s shall b e 
discus s ed with the person or ag e ncy r e pr e s e ntativ e having l e gal 
r es ponsibilits for the chi l d. 

(i) Th e institution shal l not plac e or att e mpt to plac e childr e n 
fi-om th e institution in fost e r fami l y or adoptiv e hom e s unl e ss th e 
institution is an ag e ncy licens e d to provid e fost e r family or 
adoption s e rvic e s. 



Aulhoiitt- G.S. 1 31 D- 10. 5: 143B-153. 



and l e gal cu s todian, and th e in s titution: 
docum e nting th e kinds of se rvic es r e nd e r e d to a 
ch i ld and his family: and 

providing a sourc e of information about individual 
childr e n, as v\ el l as information for th e institution in 
planning its program of car e and s e rvic e s, 
(b) Cas e r e cord s s hal l includ e th e following information for 



Of- 



(^ 



f+^ 



compl e t e d application form sign e d by th e p e rson or 



ag e ncN having l e gal authoritv to plac e th e child: 

{¥) a pr e admi s sion study of th e child and hi s family 

situation, including an e xplanation of custody and 

l e gal r e sponsibility for th e child as indicat e d by 

parental — statements. — court — ord e r s . — or — ag e ncy 

agreements: 

a v e rification of birthdat e : 



(^^ 

(-4^ m e dical — cons e nt — sign e d — by — the — p e rson — er 

r e pr e s e ntativ e of th e agency having lega l custody of 

th e child: 
{^ agr ee m e nts indicating th e r e spon s ibiliti e s of th e 

p e rson or ag e ncy having l e gal r e sponsibilitv for th e 

child and th e institution in planning and caring for 

th e child: 

agr ee m e nt s and con se nts for visits outsid e th e 






m s titution: 



r e ports of th e pr e admis s ion m e dical examinations. 



including immunizations, and r e ports on all m e dical, 
d e ntal or p s \chologica l se rvic e s provided \shil e th e 



(*) 



chi l d i s in car e : 

a writt e n summar> pr e par e d at l e ast annually of th e 



.0604 



DISCHARGE SERVICES 



r e vi e w of th e child's n ee ds, hi s progre s s or lack of 
progr e ss — m — eare — and — chang e s — m — hts — family 
circumstanc e s: 

{^ a — discharg e — summar>' — indicating — date — and 

circumstanc e s of discharg e and plan for car e in th e 
communitN. 



13:11 



NORTH CAROLINA REGISTER 



December 1, 199H 



S69 



PROPOSED RULES 



(c) The institution shall maintain a r e cord of e ach r e qu e st for 
admi s sion rec e iv e d during a curr e nt y e ar, th e action tak e n on th e 
r e qu e st, and th e dispo s ition mad e . 

Aiiihorin-G.S. I31D-IU.5: 143B-153. 

.0606 REPORTS 

Th e in s titution shall submit an annual r e port to th e D e partm e nt 
of Human R e sourc e s on Form DSS 1 843. annual r e port to th e 
D e partm e nt of Human R e sourc e s, divi s ion of social s e rvic e s. 

AiilhorityCJ.S. 1 31 D. An. I A: 143B-153. 

SECTION .0700 - PRIVATE INSTITUTION CHILD 
CARE AND DEVELOPMENT 

.0701 SOCIAL ASPECTS OF CARE 

(a) Th e Child as an Ind i vidual 

f+4 BaclT — eWW — &haH — be — consid e r e d — an — individual 

p e rsonality; He — s}»H — be — giv e n — appropriat e 

opportuniti e s for growth a s a uniqu e individual, for 
l e arning on hi s own a s w e ll as in a group, for doing 
things by hims e lf, for hims e lf as w e ll as with and for 
oth e rs. 

(24 Efforts shall b e mad e to giv e e ach child s uffici e nt 

individual att e nton and aff e ction to comp e nsat e in 
som e degr ee for i ' r e gimentation of group living. 

{^ Each child shall hav e th e opportunity to fomi 

constructiv e r e lationships with staff of both s e x e s. 

(-4-) Each child s hall b e allow e d to e xp e ri e nc e own e rship 

and hav e his own plac e to k ee p his pos ses sions. 

f?4 Each child shall hav e p e rsonal clothing and hav e his 

oun plac e to k ee p his clothing. H e s hall b e allow e d 
to tak e part in s e l e cting his clothing according to his 
ag e and ability to do s o. — Wh e n h e l e av e s th e 
institution h e shall b e allow e d to tak e his clothing 
with him. 

(44 Each child shall b e giv e n th e opportunity of l e arning 

tl^e — valu e — asd — us e of mon e y through — e arning. 
s p e nding, giving and saving. Each child shall have an 
allowance appropriat e to hi s ag e to sp e nd as h e 
wish e s. 

(b) Th e Child and his FamiK 

(-H Vpfi — institution — shall — provid e — and — e ncourag e 

opportuniti e s for e ach child to maintain contact and 
visi t with par e nts, siblings and r e lativ e s both at th e 
institution and away from the institution insofar as 
circum s tanc e s p e rmit, and th ese contact s and vi s its ar e 
approv e d b\ th e p e rson or ag e ncy having l e gal 
r es ponsibi l it) for th e child wh e n oth e r than th e natural 
parents. 

(24 No humiliating r e marks about a child's par e nts. 

r e lativ e s, or guardian shall b e mad e to th e child or to 

oth e r childr e n in th e institution. 

(€4 — Th e Child and th e Institution. — Each child shall b e 

as s ign e d to th e car e of a child car e work e r v\ho shall b e 

r e sponsibl e for assuring his daily car e . Each child s hall b e giv e n 

th e opportunit> to discuss an\ p e rsonal conc e rns in confid e nce 



with his child car e work e r. 

(d) Th e Child and th e Community 

(+4 Th e institution shall mak e whatever e fforts ar e 

po s sibl e toward helping th e children hav e normal ! 
contact s in th e communitv' in which the institution is 
locat e d such as participation in school functions- 



r e cr e ational 



faciliti es 



character building 



organizations, church youth groups, and part time 
paid or volunt ee r jobs. 

(34 Childr e n shall b e e ncourag e d to form fri e ndship s with 

childr e n outsid e th e in s titution, to visit th e ir fri e nds in 
th e community and have th e ir fri e nds visit th e m in th e 
institution. Childr e n shall hav e acc e ss to t e l e phon e s 
to provide th e m with opportunit\ to maintain contact 



with fri e nd s and family m e mb e rs, 
( e ) Disciplin e 
(+4 Th e institution shall hav e cl e arly d e fin e d, written. 

r e a s onabl e disciplinarx polici e s which ar e fair to 

children and staff. Those polici e s shall b e dir e ct e d at 

h e lping e ach child d e v e lop hi s own s e lf control and 

assum e r es ponsibilir\ for his own acts. Th e s e polici e s 

shall includ e m e a s ur e s to prot e ct childr e n from abuse. 
(34 Administration — of discipline — shaki — b e an — adult 

responsibilit>. No ch i ld or group of childr e n s hall b e 

allow e d to punish anoth e r child. 
(54 R e qu e sts mad e of childr e n and standards s e t for their 

behavior shall b e r e asonab le and within their abilitx to 

achieve . 
(44 Childr e n shall not b e subj e ct e d to cru e l, s e v e r e or 

e xc e ssiv e punishment inc l uding, but not limited to. 

phy s ical abuse, verbal abus e , lock e d confin e m e nt. 

d e privation of food, of mail, and of family vi s its and 

contact s . 
Work As s ignm e nts 



(fi- 
(4 



Work assignm e nts for childr e n in th e institution shall 



b e plann e d for a child to hav e m e aningful work 
e xp e ri e nc e s and to de\ e lop good work habits and a 
se ns e of r es pon s ibility. 

(34 Work assignm e nts shall b e mad e according to th e ag es 

and abiliti es of childr e n. Childr e n shall b e provid e d 
adult s up e rvision on their work assignm e nts. 

(^4 Work assignm e nts shall not int e rf e r e with school- 
r e cr e ation. stud> p e riods, ad e quat e sl ee p, communitv 
contacts and visits with famiK. 

(44 Childr e n shall not b e s ub s titut e s for e mploy e d s taff 



(^ 



Th e \ shall not b e r e quir e d to carry out responsibiliti e s 

of s taff 

An in s titution shall not r e quir e a child to work for th e 



purpo s e of paying th e institution for hi s car e , 
(g) Exp l oitation 
(44 — No child s hall b e used in any way to solicit funds. 
N e ith e r shall h e b e id e ntifi e d in conn e ction vsith 



p« 



blicirv for th e institution in an\ wav which will 



bring him or his family e mbarras s m e nt. — Writt e n 
p e miission shall b e obtain e d from the person or 
ag e nc\ hav i ng l e gal responsibilir\ — for each child 
b e for e picture s or any oth e r m e ans of id e ntifying 
childr e n are u se d in publicity or publ i c r e lations 



870 



NORTH CAROLINA REGISTER 



December I, 1998 



13:11 



PROPOSED RULES 



(3)- 



ofFort s of th e institution. 

No child s hall bo forc e d to acknowl e dg e in public hi s 

d e p e nd e ncy on th e institution or hi s gratitud e to it. 



Authority G.S. I31D-W.5: 143B-153. 

.0702 RECREATION 

{Sr) — Th e institution shall provid e individual and group 
r e cr e ational opportunities appropriat e to th e ag e . int e r es t, and 
n ee ds of each child. — Suitabl e spac e and comp e t e nt adult 
dir e ction shall b e provid e d for both indoor and outdoor 
recr e ational activiti e s. 

(b) The recreational program shall provid e opportuniti es for 
boys and girls to play tog e th e r a s w e ll as s e parately. For older 
childr e n a dating policy shall b e e stablished which will allow 
thom opportuniti es for d e v e loping social r e lationships with 
oth e rs of th e ir own ag e group in the institution and in th e 
community. 

Authority G.S. 131D-10.5: I43B-153. 

.0703 EDUCATION 

(a) Th e institution shall s ee that e ach child of s chool ag e i s 
provid e d an education in a public school or nonpublic school 
which is op e rat e d in accordanc e with th e public school l aws o* ^ 
with th e nonpublic school law s of North Carolina. 

(b) If a school i s maintain e d and op e rat e d by th e in s titution, 
or an e ducational program is op e rat e d by th e institution which 
chi l dr e n att e nd in li e u of att e nding schools off campus. — the 
institution s hall comply with N.C. G e n e ral Statut e s gov e rning 
nonpublic schools. 

fe-) — Faciliti e s s hall b e provid e d by th e institution for hom e 
study and for r e f e r e nc e book s . — Provisions shall b e mad e for 
r e m e dial a s si s tanc e as indicat e d by th e n ee d s of th e childr e n. 

Authority G.S. 13ID-I0.5: I43B-153. 

.0704 RELIGIOUS TRAINING 

(a) Each child s hall hav e opportuniti e s for r e ligious e ducation 
and to att e nd r e ligious s e rvic e s. 

fb-) — Each institution sha l l hav e cl e arly d e fin e d polici e s 
r e garding r e ligious training and practices for th e information of 
tho se con s id e ring plac e m e nt of childr e n in th e institution. 

Authorit\'G.S I3ID-I0.5: 1438-153: 



.0705 MEDICAL PROGRAM 

The institution shall hav e a plann e d program of medical car e 
which shall b e impl e m e nt e d and includ e e ach child in care: 

(-H Admis s ion R e quir e m e nt. Each child shall have had a 

medical — e xamination — prior to — admission. The 

e xamination s hall b e r e port e d in writing and sp e cif^' 
any medical condition th e child might hav e r e quiring 
obs e rvation. — monitoring — er — tr e atm e nt — and — any 
m e dications prescribed. 

^ M e dical Car e 

(a) Arrang e m e nts shall b e mad e with on e or mor e 

lic e n se d medical physicians or m e dical clinics 



(^ 



for th e m e dical car e of th e children. 

(b^ Each child shall hav e a phy s ical e xamination at 

l e a s t onc e a y e ar and mor e oft e n a s n ee d e d. A 
child shall not b e allow e d to participat e in 
activiti e s injurious to his h e alth. Any illness, 
dis e a se — ef — m e dical — condition — r e quiring 
ob se rvation, monitoring or tr e atm e nt of a child 
shall be identified and treat e d promptly through 
prop e r medical care. — Childr e n shall have 
psychiatric or psychological examination or 
both wh e n — indicat e d and tr e atment when 
pr es crib e d. 

fe^ Th e child care staff shall b e in s truct e d as to 

what m e dical car e may b e giv e n by th e m 
without specific orders from a licens e d m e dical 
provid e r. Th e y s hall b e instruct e d a s to how 
and wh e n to obtain furth e r car e and how to 
handl e e m e rg e nci e s. 
{¥) Hospital Car e . Arrang e m e nt s s hall b e mad e with a 

ho s pital for th e admis s ion of childr e n from th e 

institution — m — the — event — ef — s e riou s — illn e ss — er 

e m e rg e ncy. 
{4) First Aid. At l e a s t on e m e mb e r of th e child car e s taff 

on duts at any giv e n tim e s hall hav e tak e n a cours e in 

first a i d giv e n by a qualifi e d in s tructor and b e abl e to 

administ e r fir s t aid. First aid kit s shall b e availabl e . 

Hom e H e a l th Car e 

fa) Th e institution s hall not e . igag e in any hom e 

h e alth car e practic es that conflict with th e 
control m e asur e s for communicab le di se as e s in 
15A NCAC 19A .0200, which is incorporat e d 
by r e f e r e nc e including s ub se qu e nt am e ndm e nts 
and e dition s . — A copy of 15A NCAC 19A 
.0200 may b e obtain e d from th e Offic e of 
Administrativ e H e ar i ng s . P.O. Draw e r 27'M7, 
Ral e igh. — Nef#i — Carolina — 27611, — (4W) 
733 2678, at a cost of two dollars and fifty 
c e nts ($2.50) at th e tim e of adoption of thi s 
Rule. A copy is availabl e for insp e ction in th e 
Childr e n's S e rv i c e s S e ction, N.C. Divi s ion of 
Social — Servic e s. Albemarl e Building. 325 
North Sa l isbury Street. Ral e igh. North Carolina 

¥4m^. 

fb3 Each m e mb e r of th e child car e staff shall b e 

abl e to recogniz e common symptoms of 
illnesses in childr e n. Th e child car e staff shall 
b e alert to any infectious condition of th e 
children and shall take prop e r pr e cautions to 
prevent the spread of such condition. 

(e) — Th e ch i ld care staff shall b e abl e to provid e 

home — nursing — eare^ A — st e ril e — clinical 

th e rmom e ter shall b e k e pt available for us e . 
Wh e n appropriat e , arrang e m e nt s shall be mad e 
for isolation and att e ndant car e of a child with 
a communicabl e dis e a se . 

-(4) M e dicin e s sha ll b e stor e d in a separat e cabin e t. 

clo se t or box not acc ess ib le to childr e n. 

M e dical R e cords. Each child shall hav e a p e rsonal 



(^ 



13:11 



NORTH CAROLINA REGISTER 



December 1, 1998 



871 



PROPOSED RULES 



m e dical record which shall includ e th e r e port of th e 
physician who examin e d him prior to admission to th e 



amounts n e c e ssary to m ee t th e National Re se arch Council's 
r e comm e nd e d daik di e tar\ allowances. Special di e ts shall be 



institution, a r e cord of his immunizations, con se nt for plann e d to m ee t an\ modifi e d food n ee ds of individual childrer 



m e dical car e s ign e d by th e p e rson or r e pr ese ntativ e of (b) Nouri s hing snacks shall b e provid e d and may b e part o B 

th e ag e nc> having le gal custodx of th e child, a r e cord th e daily food n ee ds, but th e v shall not replace r e gular m e als. 

Snacks ar e to b e r e cord e d on th e r e gular m e nu. R e comm e nd e d 
snacks ar e milk, fr e sh fruits and v e g e tabl e s, choose, peanut 
butt e r, nut s , popcorn, crack e rs, and occasionalK. cooki e s. 

(c) M e nus shall b e plann e d and writt e n b\ or in consultation 
with a r e gist e red nutritionist or dietitian. W^ e n food s e rvic e s ar e 
not dir e cted b\ a nutritionist or dietitian, who is d e fin e d as a 
graduate of a school of hom e economic s or di e t e tics, p e riodic 
consultation with a r e gist e r e d nutritioni s t or di e titian shall be 
impl e m e nt e d. — R e cord s of consultations and r e comm e ndations 
shall b e maintain e d b\ th e facility. 

(d) M e nus shall b e plann e d and writt e n at least on e we e k in 
advanc e to insure tho mooting of nutritional n e eds and to giv e th e 
basis for purchasing to m ee t th e se noods. 

( e ) Childr e n and staff m e mb e rs who eat with th e m shall b e 
s e rx e d th e sam e food e xc e pt for t e a and coff ee , unless 
diff e r e nc e s in ag e or special di e tarx ne e ds are factors. 



of each phvsical e xamination and of m e dical car e 
giv e n whil e th e child is in car e . — Th e latt e r shall 
includ e — a — r e cord — of hospitalizations. — all e rgi e s, 
significant illn e sses or accid e nt s and tr e atm e nt given. 

AiithormG.S. 131D-1Q.5: 143B-153. 

.0706 DENTAL PROGRAM 

Th e in s titution s hall hav e a plann e d program of d e ntal car e 
and d e nta l h e alth which shall b e follow e d for e ach child in car e : 

(4^ Routine Care and Tr e atm e nt 

<*) Arrangements shall b e mad e w ith on e or mor e 

lic e ns e d d e ntists for the d e ntal caro of tho 
childr e n. 

ib) Each child s hall hav e a d e ntal e xamination at 

l e a s t onc e a >ear and tr e atm e nt as indicat e d. 

{-) D e ntal R e cords. Includ e d in a child's medical record 

shaH — be — a — d e ntal — r e cord — indicating — dat e s — €^4' 
e xamination and tr e atm e nt. 



Authohn-I.S. 13 ID. An. !A: I43B-153. 



AuthorinG.S. 13ID-10.5: 143B-I53. 

SECTION .0800 - PRIVATE INSTITUTION 
BUILDINGS: EQUIPMENT AND SAFETY 



.0707 ROUTINE HEALTH CARE AND PERSONAL 
HYGIENE 



.0801 CONSTRUCTION 

(a) Construction plans for n e w. r e construct e d or r e noxat e d i 



fa-) — Staff s hall routin e N appl> g e n e ral inf e ction control buildings shall b e compatibl e with th e child car e function of th e' 



proc e dur e s which s hall includ e but not b e limit e d to Imix e rsal 
Pr e cautions specifi e d b> th e C e nt e rs for Dis e as e Control. U.S. 
D e partm e nt of H e alth and Human S e rvic e s. Public H e alth 



institution and its program n ee d s . A child caring institution shall 
not off e r in the s ame building two differ e nt types of occupancv 
or programs of car e . 



S e rvic e s. Atlanta. G e orgia which is incorporat e d b\ r e f e r e nc e (b) All local and stat e building cod e s and zoning r e gulations 

including subs e quent am e ndments and editions. A cop\ of that 
docum e nt ma> b e obtain e d from th e National y\IDS Information 
Cl e ariniihous e . PO. Box 6003. Rockxill e . Man land 20 8 ,^0. 



1 800 158 5231. at no cost for a singl e cop> at th e tim e of th e 
adoption of thi s Rul e . A cop\ is availabl e for insp e ction in th e 
Childr e n's S e rvic es S e ction. N.C. Division of Social S e rvices. 
Alb e marl e Building. 325 North Salisburv Street. Raleigh. North 
Carolina 27603. 
fb4 — Children shall b e taught and h e lp e d to d e v e lop good 



s hall b e compli e d with in th e construction of a n e w child caring 
institution, in th e conv e rsion of an e xi s ting building for child 
caring institution purpos e s, and in th e r e mod e ling of an e xisting 
child caring institution. 



AuthorinG.S. I3ID-10.5: 143B-I53. 

.0802 REQUIREMENTS FOR APPROVAL 

fa-) — Pr e liminapv and final construction plans for all n e w 



h e alth car e . Each child s hall hav e e nough sleep for his age at buildings and o\' all conv e rsions shall b e submitt e d to and 

regular and r e asonabl e hours and under condition s conduciv e to approv e d b\ the Departm e nt of Human R e sources, division of 

restr facility — s e rvic e s, construction — s e ction prior to b e ginning 

(c) Children shall r e c e iv e training in all asp e cts of p e rsonal construction. Four s e ts of con s truction plans and sp e cifications 



hygiene. Th e y shall b e taught and help e d to keep themselves. 

fd^ Each child shall have his own cl e arlv — id e ntifi e d 

toothbru s h, comb, towel and wash cloth and his own se parat e 
plac e for k ee ping these p e rsonal articl es . Tow e ls, fac e cloths. 
and b e d lin e ns shall b e chang e d as fi' e qu e ntlv as n e c e ssary to b e 
cicun. 



.AuthorinG.S. 1 31 D. Art. I A: I43B-I53. 

.0708 NUTRITION 

f*) — Nutritious foods shall b e provid e d in th e vari e tv and 



shall b e fonvard e d to th e D e partm e nt of Human Resourc e s. 
division of facility services, construction s e ction for distribution 
to and r e vi e w bv the Division of facility se rvices, tho Division 
of Social S e rv ic e s, tho Division of h e alth s e rv ic e s, and th e 
D e partm e nt of Insuranc e , e ngin ee ring division. 

(b) If a qu e stion aris e s as to wh e th e r an e xisting building us e d 
for child caring institution purposes moots the requir e m e nts of 
th e North Carolina Stat e Building Cod e , an interpr e tation can b e 
obtain e d bv submitting a floor p l an of th e building togeth e r w ith 
d e tails of construction to th e D e panm e nt of Human R e sourc e s. 
division — of facilitx — s e rv ic e s. — construction — s e ction — or bv 



872 



NORTH CAROLINA REGISTER 



December I, I99H 



13:11 



PROPOSED RULES 



requ e sting an on a ite visit by a member of th e staff. 



Authorin- G.S. 131 D. Art. lA: N3B-153. 



.0803 GENERAL REQUIREMENTS 

All buildings to be us e d for child caring institution purpos e s 
shall m e et the requir e m e nts of the North Carolina Stat e Building 
Code, which — i s adopt e d b> — ref e r e nc e pur s uant to G.S. 
1 50B 1 'l(c). for the t>pc of occupanc\ for which the building is 
to b e us e d: 



{^ 



04- 



{hh 



Institutional Occupanc>. R es id e ntial car e faciliti e s for 
10 or mor e childr e n who are dep e nd e nt, n e gl e ct e d, 
abandon e d, d e stitut e , orphan e d, d e linqu e nt, and not 
involuntariU detained shall m ee t r e quir e m e nts for 
In s titutional Occupancy unr e strain e d in Vol. 1 S e ction 
4 09 and Vol. 1 C (handicapp e d r e quir e m e nts) of th e 
North Carolina Stat e Building Cod e . 
Residential Occupancy 

— All r e sid e ntial car e faciliti es k ee ping a s many a s 6 
and l e ss than 10 childr e n who are depend e nt. 

n e gl e ct e d. abandon e d. d es titut e . orphan e d. 

d e linqu e nt or childr e n who ar e se parat e d t e mporarily 
from th e ir par e nt s shall meet group A "special 
occupancy r e quir e m e nt s " in S e ction 520 of Chapter 
V of th e North Carolina Stat e Building Cod e . 
— All r e sid e ntial car e faciliti e s keep i ng no more than 
fiv e childr e n s hall m ee t th e North Caro l ina Uniform 
R e sid e ntial Building Cod e . Mobil e homes are not 
allow e d for child caring in s titution r e sid e nc es . 



throughout th e building, k e pt in working order and readily 
id e ntifi e d by th e staff and th e children. 

(i) Automatic smok e d e t e ctors shall b e installed in e ach child 
caring institution residenc e in accordanc e with th e North 
Carolina Uniform R e sid e ntial Building Cod e Volume 1 B. 
S e ction 35 in which up to fiv e childr e n r e side and in accordance 
with th e North Carolina Stat e Building Cod e . Volume 1 . S e ction 
720 in which six or mor e children reside. 

(j) All e lectrical and h e ating installations shall b e approved by 
th e local building insp e ction d e partm e nt and th e e l e ctrical wiring 
in th e building shall conform with th e r e quir e ments s tat e d in 
Volum e IV of th e North Carolina Stat e Building Cod e . 

Authorin- G.S. 131D-10.5: 143B-153. 

.0805 GENERAL SANITATION 

(a) — Prop e r faciliti e s shall b e provided throughout th e 
institution's buildings and pr e mis e s to e nabl e compliance with 
accept e d sanitation standards. — Th e wat e r suppK. s e w e rag e 
disposal, solid wast e disposal, food se rvic e , and other facilities 
s hall m ee t applicabl e rul e s and r e gulations of th e Division of 
h e alth s e rvic e s: 



<+)- 



(5f- 



Aiithorit}- G.S. 131D-10.5: 143B-153. 

.0804 FIRE SAFETY 

(a) Childr e n and staff s hall b e instruct e d on fir e pr e v e ntion. 

(b) Car e s hall b e e .x e rci se d b\ th e staff in allowing chi l dr e n to 
u se match e s, or to handl e inflammabl e or combu s tibl e mat e rials. 

(c) Fir e e vacuation plans s hall b e d e v e lop e d and post e d in 
e ach building. 

(d) Fir e drills shall b e h e ld p e riodicalK for both childr e n and 
s taff, at l e ast quart e rK. 

( e ) Th e s taff and childr e n residing in an institution shall be 
train e d in prop e rh r e porting a fir e , in e xtinguishing a small fire. 
and in e scaping from a fir e . 

(f) For e v e rv 2.500 squar e f ee t of fioor ar e a and for each fioor 
th e r e s hall b e at l e ast on e fir e extinguish e r. Fire e xtinguishers 
s hal l be provid e d in accordanc e w'xxh the standards of the 
National Fir e Prot e ction Association standard numb e r 10. Th e \ 
s hall b e insp e ct e d r e gularK and k e pt charged and fill e d at all (b) To assur e compliance with all local and stat e sanitation 



Institutional Occupancy. — Each building providing 
car e or food s e rvic e to 13 or more childr e n shall 
m ee t th e r '. quir e m e nts of "Rul e s Gov e rning the 
Sanitation of Hospitals. Nursing and Rest Hom e s. 
Sanitariums, and Educational and Other Institutions" 
pr e par e d by th e Departm e nt of Human Resourc e s, 
division of health servic e s, sanitary e ngineering 
section. 

R e sid e ntial Occupancy. — Each building providing 
car e or food se rvic e to no mor e than 12 childr e n 
s hall m ee t th e r e quir e m e nts of "R es id e ntial Care 
Faciliti e s" for not mor e than 12 r e sid e nts pr e par e d 
by th e D e partm e nt of Human R e sourc e s, divi s ion of 
h e alth — s e rvic es . — sanitar> — e ngin ee ring — s e ction. 
Acc e ptabl e faciliti es includ e : 
{A) — a — prop e rl\ — op e rating — dom es tic — dishwa s hing 

machin e , or 
fB-) — imm e rsion for at l e ast on e minut e in cl e an hot 

water at a t e mp e ratur e of at l e a s t 170 d e gr ees 

Fahr e nh e it or hott e r, or 
fC-) — immersion for at l e ast two minut e s in cl e an wat e r 

to which has b ee n added e nough ch e mical sanitiz e r 

to pro\id e at least 50 parts p e r mi l lion of availabl e 

chlorin e or 12.5 parts p e r million of availabl e 

iodin e . 



tim e s in accordanc e with National F i re Protection A ss ociation 
standard numb e r 10. 

(g) Fir e e xit s , that i s . door s , hallwass. and stairs, shall b e w e ll 
light e d, kept clear and r e ady for in s tant us e . No locks shall b e 
install e d on exit and on room doors which would prevent 
occupants from g e tting out b\ th e simpl e op e ration of a single 
knob or l e \ e r. — Emergenc\ lighting shall b e provided wh e re 
r e quir e d for gr e at e r safety in e xiting th e building. 

(h) A manual fir e alarm or signal s yst e m shall b e install e d in 
e ach — child caring — institution — r e sid e nc e which — is — audible 



r e gulations, construction plans for a n e w child caring institution 
r e sid e nc e , r e novation of an e xisting building for child caring 
institut i on purpo s es, and reconstruction of an existing child 
caring in s titution shall be submitted to and approv e d b\ th e 
county health departm e nt in which th e facility i s locat e d. 

Authority G.S. 131D-W.5: 143B-153. 

.0806 BATH AND TOILET FACILITIES 

(a) Th e r e sha l l b e not l e ss than on e lavatorv with hot and cold 



13:li 



NORTH CAROLINA REGISTER 



December 1, 1998 



873 



PROPOSED RULES 



wat e r for e v e rv' six childr e n, on e toilet for e v e r\' six childr e n, and 
on e tub or show e r for e v e rv e ight childr e n. — In addition th e r e 



.0902 LICENSE 

fa-) — Application for a n e w lic e ns e to op e rat e a child caring 



s hall b e a minimum of on e tub and on e toil e t and on e lavatorv in institution is mad e to th e D e partm e nt of Human R e source ; 



e ach building in which childr e n liv e . 

(b) Th e r e shall b e s e parat e toil e t and bathing faciliti es for s taff 
who liv e in th e child car e re s id e nc es . 

Authorin-G.S. 131D-I().5: 143B-153. 

.0807 SLEEPING FACILITIES 

fa^ — Each chi l d car e r e sid e nc e d e v e loped aft e r th e e ff e ctiv e 



division of social services, prior to th e fir s t child b e ing acc e pted ^ 
for full tim e car e . 

{h) — Application for r e n e wal of a lic e n se to op e rate a child 
caring in s titution is mad e to th e — D e partm e nt of Human 
R es ourc e s, division of social s e rvice s , prior to th e e xpiration of 
th e curr e nt lic e ns e . 

{€) — Full Lic e ns e . — A flill lic e ns e to op e rate a child caring 
institution will b e issu e d for on e v e ar wh e n a lic e ns e s tudv 



date of th ese standard s s hall provid e in e ach bedroom a indicat e s the institution compli e s with the minimum standards 
minimum of 8 squar e f ee t of floor spac e for e ach occupant for child caring institutions. 

e xc e pt that a b e droom for on e occupant shall provid e a minimum (d) Provisional Lic e ns e . A provi s ional lic e ns e to op e rat e can 

of 100 s quar e f ee t. 

fb^ — In e xisting resid e nc e s e ach b e droom s hall provid e a 
minimum of 60 square feet of floor spac e for e ach occupant with particular r e quir e m e nt(s). — A provisional lic e nse for an 
e xcept that a b e droom for on e occupant sha l l provid e a minimum 
of 8 s quar e f ee t of floor s pac e . 

(c) No child s hall shar e a b e droom with a staff m e mb e r. 



b e issu e d for a p e riod of tim e up to six months wh e n a lic e ns e 
study indicat es th e institution n ee d s additional tim e to compK 



additional p e riod of tim e to m e et the s am e r e quir e m e nt(s) wi 
not b e i s su e d. 



fe4 — T e rmination of Lic e nse. — A lic e ns e to op e rat e a child 
(d) Each child shall hav e a b e d of his oun. not les s than 30 caring institution will not b e r e n e w e d wh e n th e institution do es 
inches w i de nor short e r than hi s h e ight. B e ds s hall b e at l e ast not comp l y with th e minimum standard s for child caring 
thr ee f ee t apart at th e h e ad, foot and s id e s, and doubl e d e ck e r institutions aft e r suffici e nt tim e is allow e d in th e judgm e nt of th e 
b e ds, shall b e at l e ast fiv e f ee t apart. Each b e d s hall b e prov id e d staff of th e D e partm e nt of Human Resourc e s for th e institution 
with springs, a mattress in good repair and adequat e bed to correct areas of operation which ar e below standard. 



'cov e ring. No das b e d. conv e rtibl e sofa or oth e r b e dding of a 

Tiporary natur e shall b e us e d. 

( e ) B e drooms shall b e e quipped with clos e t and drawer space 
for storag e of clothing and oth e r p e rsonal b e longings. 

AiilhonivGS. I3ID-IU.5: I43B-153. 



ft-) — R e vocation of Lic e ns e . — A lic e ns e to op e rate ma> ' b e 
r e vok e d if th e child car e institution is in violat i on of th e 
minimum lic e nsur e standards and is making no e fforts to corr e ct 
th e d e fici e ncy. 

Authorin-G.S. I3ID-I0.5: 143B-153. 



.0808 HEAT, LIGHT, AND VENTILATION 

fa-) — H e ating faciliti e s shal l b e provid e d that will ke e p th e 
t e mp e ratur e i n living quart e rs of th e institution within a 
comfortabl e rang e , not l ow e r than 62 d e gr ee s Fahrenh e it during 
th e da\ and .^5 d e grees Fahr e nh e it during th e night. — Sp e cial 
att e ntion shall be given to h e ating bathrooms abov e th e s e 
minimum t e mp e ratur e s. 

fb^ — Natural light s hall b e availabl e in e v e ry room u sed b y 
childr e n and staff Window ar e as shall not b e l es s than 110 of th e ir own hom e and not held in d e t e ntion. Th e purpo se of a 
th e tloor ar e a of each room. 

(c) Ad e quat e v e ntilation shall be availabl e in ev e ry room in 
th e in s titution which i s us e d b\ childr e n and staff 



Authorin-G.S. I31D-W.5: I43B-I53. 

.0809 INSPECTIONS 

The institution shall r e qu e st and s e cur e insp e ction s at l e ast 
annuallv from the l ocal sanitarian and from th e loca l bui l ding facilit\. d e v e loping and sup e rvising i t s program of care and 
insp e ctor or fire insp e ctor. R e ports of such inspections shall b e s e rvic e s- 
submitt e d to the D e partm e nt of Human R e sourc es . 



SECTION .1000 - PUBLIC INSTITUTION 
ORGANIZATION AND ADMINISTRATION 

.1001 DEFINITIONS 

fa^ — A "child caring institution" i s a r e sid e ntial car e facility 
utilizing p e rman e nt bui l ding locat e d on on e s i t e for 10 or mor e 
childr e n who ar e d e p e nd e nt, n e gl e cted, abandoned, d e stitut e . 
o rp hane d, d e linqu e nt, or oth e rwis e in n ee d of car e away from 



chi l d caring institution i s to provid e fost e r car e and r e lat e d 
servic e s for childr e n who ar e unabl e to liv e in th e ir own hom e s. 
Exc e ption can b e mad e wh e n no mor e than two group hom e s 
locat e d on on e sit e and licens e d as m ee ting group homes for 
childr e n standards ar e op e rat e d b\ a county d e partm e nt of social 
se rvic e s or b_\ a privat e program l i censed to provide child car e 
or child placem e nt s e rvic e s. 
{bj — Th e "d i r e ctor" i s the p e rson who is in charge of th e 



Authority G.S. BID. Art. I A: 143B-153. 

SECTION .0900 - PRIVATE INSTITUTION 
LICENSING INFORMATION 



(c) "Childr e n." in addition to childr e n up to ag e 1 8 . includ e s 
p e rsons residing in and und e r th e car e of th e i nstitution who ar e 
1 8 to 21 y e ars of ag e . — Childr e n of staff memb e rs ar e not 
includ e d. 



(d) Pub li c In s titution. A public institution is an institution, as 
w e l l as th e prop e rty in it. which is h e ld, us e d or controll e d by 
jf gov e rnm e nt, stat e , county or municipal. — Th e s e 



874 



NORTH CAROLINA REGISTER 



December I, 1998 



13:11 



..— -..« «rj^ 



PROPOSED RULES 



standards do not apply to state institutions for th e m e ntally 
handicapped or to stat e institutions for th e d e t e ntion of juv e nil e s. 
(e) Privat e Institution. A privat e in s titution is an institution 
which is charter e d by th e Secretary of th e Stat e of North 
Carolina as a privat e corporation. 

Aulhorin'G.S. 131 D. Art. lA; 143B-153. 

.1002 PURPOSE 

Any unit of government which op e rat es a child caring 



to th e b e ginning of e ach fiscal year showing sources and 
amounts of incom e and providing for: 

m salari e s for r e quir e d numb e r of staff. 

f3^ meeting th e dir e ct costs of car e for the number and 

typ e of children acc e pt e d. 

{^ maint e nanc e of th e physical plant. 

f4^ m ee ting th e cost of any proposed expansion or 

r e plac e m e nt. 
(e^ — Financial account s of th e institution, which ar e audit e d 
annually, shall b e maintained in accordanc e with d e signated 



institution s hall do so pursuant to its statutory powers, duti e s. accounting proc e dur e s for th e governm e ntal unit op e rating the 



and authority. — Th e purpos e of th e public institution shall b e 
cl e arly defin e d and shall include th e geographical ar e a to b e 
served, the childr e n who will b e accept e d for car e and th e 
servic e s to b e provid e d for those children and th e ir famili e s. 

Aiithorin-G.S. 131D.Arl. I A: 143B-153. 

.1004 LOCATION 

The institution shall b e locat e d availabl e to schools, church es - 



institution. A copy of th e annual budget and a copy of th e audit 
shall b e s ubmitt e d e ach y e ar to the D e partment of Human 
R e sourc e s. 

Authority G.S. 131D-10.5; 143B-153. 

.1007 STAFF: GENERAL 

Th e institution s hall provid e th e s taff and se rvic e s n e c e ssary to 
ensure th e proper care and saf e ty of childr e n in car e of th e 
hospital s , clinics, m e ntal h e a l th s e rvic es and r e cr e ational institution. Staff m e mb e r s who liv e with childr e n in car e of th e 



faciliti es . The location shall provid e saf e and amp le playground s 
for children in an area conduciv e to th e ir h e alth and w e ll b e ing. 

Authority G.S. 13 ID. .Art. lA: 1438-153. 



institution or pr e par e th e ir food shall hav e a h e alth e xamination 
within at l e ast six months b e for e b e ginning work and bi e nnially 
th e r e aft e r. — Such e xaminations shall includ e t e sts n e c e ssar\ to 
d e t e rmin e that th e s taff m e mb e r i s fr ee from cor.municabl e 
dis e as es and abl e to carr> out a s sign e d duti e s. 



.1005 GOVERNING BODY 

The unit of gov e rnm e nt which op e rat e s a child caring .Autlmrity G.S. I31D-10.5: 143B-153. 
institution shall do one of th e following: 



f44 Op e rat e th e institution as a lin e d e partm e nt: or 



Of 






Assign responsibility for gov e rning th e institution to 

an e xisting board: or 

Cr e at e a board of dir e ctors to gov e rn th e institution: 



Composition of a board cr e at e d to gov e rn the 
institution: 

(a^ Th e board shall b e mad e up of individuals of various 

occupations and e xp e ri e nc e from th e g e ographical 



.1008 THE DIRECTOR 

(a) Th e r e shall b e a full tim e dir e ctor to sup e r\'is e th e program 
of car e and se rvic e s of an institution lic e ns e d for 20 or mor e 
childr e n, and a director at least part time for an institution 
lic e nsed for l e ss than 20 children. 

(b) Th e Director shall have e ducation, training, and e xperi e nc e 
that qualifies him for planning, administ e ring, and sup e rvising 
a residential child car e program. 



ar e a s s e rv e d h\ th e institution who r e pr ese nt th e fe-) — A dir e ctor appoint e d aft e r th e e ff e ctive date of the s e 



(^ 



int e r e st s of both th e constitu e ncy s ponsoring th e 
in s titution and that which it se rv e s or plans to s e rv e : 
Th e board s hall hav e a minimum of fiv e m e mb e r s . 



standards shall hav e a d e gr ee from an accr e dit e d four y e ar 
coll e g e or univ e r s ity and shall hav e at l e ast two y e ar s of work 



jf wh i ch 



#te 



(^ 



e xp e ri e nc e , on e ol wh i cn wa s m a sup e rvisor) capacity, m 
M ee tings of th e Board of Dir e ctors. — Eith e r th e full fi e ld of child w e lfar e s e rvic e s, h e alth se rvic es , e ducation, 
board or its e x e cutiv e committ ee (or e quiva le nt) sha l l psychology, s ocial s e rv i c e s, r e ligiou s e ducation, or oth e r alli e d 
m ee t at l e ast quart e rl\. — P e nnan e nt r e cords s hall b e prof es sion. 

ma i ntain e d of all m ee tings of th e gov e rning board and {4) — Th e Dir e ctor sha l l b e in charge of th e op e ration of th e 

th e e x e cutiv e committ ee : institution, providing at l e ast quart e rly r e ports for th e gov e rning 

f6) Th e gov e rning authority for th e in s titution shall adopt author i ty on all phases of its operation. Th e Dir e ctor shal l hav e 

th e fol l owing r e sponsibiliti e s: 

f-H Int e rpr e ting established standards of child car e and 

initiating and carrying out a sound program in 
accordanc e with th e s e standards; 



r e gulations for th e op e ration of th e in s titution and 
shall e nsur e that th e institut i on compli e s with th ese 
r e gulations. 

Authority G.S 131D-W.5: 143B-153. 

.1006 FINANCES 

(a) Th e institution shall hav e fund s e stablish e d to m ee t th e 
co s t s of carrying out its d e tm e d purpos e s and providing prop e r 
car e and se rvic e s for th e type and numb e r of childr e n acc e pt e d. 

(b) A budg e t s hal l b e approv e d b> th e gov e rning board prior 



(3-) Pr e paring the institution's budg e t in collaboration 

wi#) — thos e — p e rsons — with — d e signat e d — fiscal 
r e sponsibiliti e s: — Th e budg e t s hall be pres e nt e d to 
th e board for approval: 

{^ En s uring that all purchas e s ar e mad e in accordanc e 

with procur e m e nt polici e s of the gov e rnm e ntal unit: 
Th e Dir e ctor sha l l s e cur e approval for it e ms not 



13:11 



NORTH CAROLINA REGISTER 



December 1, 1998 



875 



PROPOSED RULES 



(4f- 



QUthoriz e d in th e budg e t; 
Employing and di s charging al 



m e mb e r s of th e 



th e living unit. If a living unit has ail ag e childr e n young e r than 
six y e ars of ag e th e r e s hall b e on e child car e worker for five 

in s titution's staff within th e personnel polici e s of th e childr e n. Staff included in th e ratio ar e child car e workers and^ 

gov e rnm e nta l unit; 



{^ Holding staff m ee tings at regular int e rval s and 

discu ss ing plan s and polic i es with th e staff; 

{%) Providing and promoting a program of education for 

th e continu e d training and d e velopment o f th e s taff; 
The — Dir e ctor — sha+l — be — r e sponsibl e — fef — the 



e ff e ctiv e n e ss and e ffici e ncv of th e s taff; 



9^ 



worki : 



Estab l ishing and maintaining coop e rativ e working 
r e lation s hips with oth e r s ocial ag e nci e s in th e 
community — and — int e rpr e ting — tbe — in s titution' s 
program; 

^ The — Dir e ctor — shaW — have — r es ponsibility ' — fer 

administration. — s ocia l — s e rvic e s. — the — child — eare 



sup e rvisors of child car e . R e li e f staff ar e not includ e d in thc ^ 
ratio. 

(c) Each m e mb e r of th e child car e staff s hall b e s e l e cted on 
th e basis of his knowl e dg e , e xperienc e , and comp e t e nc e r e quired 
in caring for children. 

(d) Child car e staff shall b e no young e r than 18 years of ag e . 

( e ) Each child car e work e r shall b e provid e d ins e rvic e training 
and qualifi e d, comp e t e nt sup e rvi s ion in th e ar e as of hom e 
manag e m e nt, child r e aring, family lif e education, sound h e alth 
practic es and h e alth maint e nanc e , and food pr e paration and 
nutrition when meals ar e pr e par e d in th e living units by th e child 
care workers. 



program and th e physical plant of th e institution with Authority G.S. I31D-I0.5: 143B-I53. 
d ele gatio n o f actual work in th e se ar e as as is 



appropriat e ; 
W Th e Dir e ctor shall d e l e gat e authority to a qualifi e d 

s taff m e mb e r during his ab se nc e from th e institution; 
{W} Th e Dir e ctor sha l l b e r es pon s ibl e for making all 

e mploy ee s awar e of th e Chi l d Abuse and Neglect 

R e porting — baw — an^ — e stablishing — a — r e porting 

proc e dur e . 

AiilhorltvG.S. I3ID-IU.5: N3B-153. 

.1009 SUPERVISORY STAFF/PROFESSIONAL 
SERVICES 

(a) Th e D e partm e ntal h e ads, unit dir e ctors, sup e rvisor s , and 
oth e r manag e m e nt s taff s hall be qualified b\ educat i on, training, 
and e xp e ri e nc e for th e particular job r e sponsibiliti e s to which 
th e y ar e as s ign e d. 

{b) — Th e institution sha l l hav e available those professional 
s e rvices which assur e appropriat e car e for childr e n. — Such 
prof ess ional s e rvic e s shall includ e thos e of doctor s and d e ntists, 
nurs e s, social work e r s , psychologists, psychiatrists, dietitians, 
h e a l th e ducators and t e ach e rs. 



Aiithorit}'G.S. 13 ID- 10.5: 143B-153. 

.1010 CLERICAL STAFF 

The — in s titution — shaH — have — cl e rical — se rvic e s — te — keep 
corr es pond e nc e , r e cords, bookke e ping and fil e s current and i n 
good ord e r. 

Authority G.S. 1 31 D. Art. I A: 143B-153. 

.1011 CHILD CARE STAFF 

(a) Th e r e shall be at least on e child car e work e r as s ign e d for 
dir e ct car e and sup e rvi s ion to e ach living unit or group of 
childr e n at all tim es . — It is r e comm e nd e d that bot h m ales a n d 
f e mal e s b e e mp l oy e d as chi l d car e staff 



.1012 MAINTENANCE STAFF 

Th e r e shall b e a suffici e nt numb e r of maint e nanc e staff 
availabl e to assur e that th e op e ration and maint e nanc e of th e 
institution shall not b e d e p e nd e nt upon th e work of the children 
in care. 

Authority G.S. 13 JD. Art. lA: 143B-153. 

.1013 PERSONNEL POLICIES 

(a) Th e institution shall hav e writt e n p e rsonn e l polici e s and 
shall adh e r e to the polici e s: 

fl^ Job D e scriptions. Th e r e shal l b e a curr e nt writt e n 

job d e scription for e ach position which inc l ud e s 
qualifications for th e position, th e duti e s of th e 
position, and sp e cifi es to whom th e e mploy ee is 
r e spon s ibl e . 

(3-) L e ave. — Th e in s titution shall hav e a writt e n policy 

which — provid e s — r e sid e nt — staff — with — dir e ct 
r e spon s ibility for childr e n a minimum of six 21 hour 
days off duty e ach month. — Th e \ s hall hav e som e 
fr ee tim e off duty e ach day. 

f5-) Dismissal. Th e r e shall be a policy conc e rning th e 

discharg e of e mploy ee s which includ es a gri e vanc e 
procedur e . 

(b) Living quart e r s s hall be provid e d for all staff whos e job 
r e sponsibilit ie s r e quir e th e m to liv e within the institution. 

Authority- G.S. 13ID-10.5: 143B-153. 

SECTION .1100 - PUBLIC INSTITUTION SOCIAL 
SERVICES 

.1101 STAFF 

Th e in s titution shall have one or mor e qualifi e d p e r s on s-te 
provide admi ss ion, r e sid e ntial, and discharg e se r\'ic es to childr e n 
and th e ir families. To b e qualifi e d, staff e mp l o> e d to provid e 



fb-) — Th e ratio of ch i ld car e s taff who ar e e mplo> e d b\ th e social s e rvic es aft e r the eff e ctiv e dat e of th e s e standards shall 



institution to provid e car e and sup e rvision for ch i ldr e n sha l l b e 
on e for e v e rv t e n childr e n six y e ars of ag e and old e r and on e for 
e v e r\ ei t iht chi ldr e n xounij e r than six v e ars of aee includ e d in 



hav e a d e gr ee in a human s e rv i c e fi e ld from an accr e dit e d four 

y e ar col le g e or univ e rsity. Th e y shall b e familiar with 

commun i rv r e sourc e s for childr e n and th e ir famili e s in addition 



876 



NORTH CAROLINA REGISTER 



December I, 199H 



13:11 



PROPOSED RULES 



to th e institution's s e r\'ic e s. 



Authohn-G.S. 131D-10.5: 143B-153. 



following admission. If mor e than five p e rc e nt of an institution's 
population ar e admitt e d on an e m e rg e ncy basis, in any 12 month 
p e riod, th e institution shall provide an id e ntifiabl e program for 
th e provi s ion of e m e rg e ncy car e in a living unit separate from 
oth e r childr e n in r e sid e nc e . 



.1102 ADMISSION SERVICES 

(a) Admission policies shall b e cl e arly d e fin e d in writing and 

availabl e to persons or ag e nci e s making inquiri e s. Admission Authority G.S. 13 ID- 1 0.5: 143B-153. 
polici es shall b e car e fully r e vi e w e d from tim e to tim e and 
chang e d as n ee ds and condition s in the community chang e . 

(b) Admission services shall b e in accordanc e with th e stat e d 



.1103 RESIDENTIAL SERVICES 

(a) — Each child in car e s hall hav e a qualified staff p e rson 



polici e s of th e in s titution. Admissions shall b e limit e d to thos e r es ponsibl e for a ss isting him in making th e b e st use of his stay 

childr e n who need care apart from th e ir famili e s and for whom in the institution. — This shall includ e opportunities to talk 

the institution is qualifi e d by s taff, program, facilities, and privat e ly about his exp e riences living in th e institution and to 

servic e s to giv e appropriat e car e . e xpr e ss grievanc e . Prof e ssional se rvic e s s hall b e mad e avai l able 

(c) Staff r e sponsibility for decisions on admission shall b e for childr e n who n ee d h e lp in r e solving p e rsonal or family 

cl e arly e stablish e d. probl e ms. 



(d) D e cision s on admi s sions shall be bas e d upon a study of th e (b) Arrang e m e nts shall b e mad e for staff to talk with par e nts, 

total situation of th e child and his particular n ee ds. Th e study r e lativ e s. — er — r e pr e s e ntativ e s — of — agencies — having — legal 



shall b e mad e prior to admission and shall includ e all r e sponsibility about an individual child's car e and adju s tm e nt in 

information which will enabl e a car e ful analysis of th e th e institut i on. 

application to d e t e rmin e if th e institution's program of car e is {e) — Visiting polici e s for th e institution shall be flexibl e to 

allow par e nts, r e lativ e s, and friends to visit with childr e n at l e ast 

twic e a month. 



appropriate for the child, 
( e ) Wh e n par e nts or other r e lativ e s with legal r e sponsibilit) 



for a child apply for the child's admission, th e institution shall {4) — No child shall b e allow e d to visit with anyon e for 



w ee kends. holida>s. and vacations without th e cons e nt of th e 
p e rson or ag e nc\ having l e gal responsibility for him. 
( e ) If the institution us e s private famili e s in th e community' as 



asc e rtain what community r e sourc e s are availabl e to k ee p th e 
child in hi s own hom e , s uch as financial assistanc e , hom e mak e r 
s e rvic e s. da\ care services, and oth e r support i ve servic e s. 
County departments of social s e rvices, wher e r e qu e st e d, can visiting hom e s for childr e n, th e interests, needs, and w e lfar e of 
a ss i s t famili e s in e valuating community r e sourc es availabl e to e ach child shall be con s id e r e d in arranging th ese vi s its. Th e 
th e m. i nstitutions shall a s s e ss e ach privat e family to b e us e d as a 

ff) — A public in s titution s hal l not acc e pt l e gal custody of vi s iting hom e to d e t e rmin e if th e fami l y can provid e prop e r car e 

and sup e rvi s ion for childr e n, 
(f) A r e vi e w shall b e mad e at l e ast onc e a y e ar of e ach child 
authority to plac e th e childr e n. — Writt e n agr ee m e nt s shal l b e in car e to r e as se ss his n ee ds. Th e r e vi e w is to id e ntity what t> p e 
mad e s e tting forth th e r es ponsibiliti es of th e in s titution and of of car e and s e rvices ar e n ee d e d by th e child, if he n ee ds 



childr e n. Childr e n s hall b e acc e pt e d by writt e n application 
s ign e d by th e p e r s on or r e pr ese ntativ e of th e ag e ncy having l e gal 



continu e d car e in th e institution, or if his family circumbUinc e s 
hav e chang e d and h e can b e return e d to his hom e . 



th e p e r s on or ag e ncy having l e ga l authority for caring and 

planning for th e child. Provision s hall b e mad e for continuing 

r e lation s hips b e tw ee n th e in s titution, th e legalK r e sponsibl e (g) When a child whos e par e nts placed him in the institution 

p e rson or ag e ncy, and th e ch i ld during th e p e riod of plac e ment. no long e r has his par e nt s availabl e to him du e to th e ir d e ath, or 



(g) Th e provisions of th e North Carolina int e rstat e plac e ment incapacit>. or abandonm e nt of th e child, th e institution s hall 

laws (G.S. 1 10 50 through 1 10 57 and 110 57.1 e t. s e q.) shall b e r e f e r th e matt e r to th e county d e partm e nt of social se rvic es or 

m e t wh e n out of stat e childr e n ar e b e ing consider e d for court havingjuri s diction or to an attorn e y with th e r e qu e st for a 

admission or di s charg e . — North Carolina interstat e plac e m e nt l e gal guardian or custodian to b e appoint e d for th e child, 

laws r e quir e th e approval of th e North Carolina D e partm e nt of (+H — Wh e n adoption is in th e b e st int e r es t of a child whos e 

Human R es ourc e s prior to plac e m e nt of a child by an out of stat e par e nts ar e d e c e as e d or who se par e nt s or oth e r r e lativ e s cannot 

ag e ncy. Corr e spond e nc e relativ e to admis s ion, progr e ss, and provid e a hom e for him. r e f e rral for adoption s e rvic e s shall b e 
discharg e of childr e n in custodv of out of stat e ag e nci e s shall b e 



rout e d through th e North Carolina D e partm e nt of Human 
R es ourc e s, division of social s e rvic e s, as outlin e d in its 
op e rational manual. 

tW — No child shall b e acc e pt e d in an institution without a 
m e dical e xamination and a stat e m e nt s ign e d by a lic e nsed 
m e dical provid e r s p e cil\'ing th e child's curr e nt m e dical condition 



di s cus se d with th e p e r s on or ag e ncy r e pr ese ntativ e having l e gal 
r e sponsibility for th e chi l d. 

Authorities. I31D-10.I: I31D-I0.5: 143B-153. 

.1104 DISCHARGE SERVICES 

(a) Staff r es ponsibility for d e cisions on di s charging childr e n 



and m e dications pr e scrib e d and indicating the pr ese nc e of an\ shall b e c le arK e stablish e d. Childr e n und e r 1 8 y e ar s of ag e shall 

communicable dis e as e or m e dical condit i on which ma\ pos e a b e di s charg e d to th e p e r s on or ag e ncy having legal custody of 

significant risk of transm i s s ion in th e faci l ity. th e childr e n. Insofar as possibl e , th e r e l e as e of e ach ch i ld shall 

fn) — In th e e vent of em e rg e ncy admission s , th e r e quir e d b e plann e d with him and with th e p e rson or repres e ntativ e of th e 

admission proc e dur e s shall b e compl e t e d within two w ee k s ag e ncx having l e ga l r e sponsibilitx for him allowing tim e for 



13:11 



NORTH CAROLINA REGISTER 



December 1, 1998 



877 



PROPOSED RULES 



arrang e m e nt s to b e mad e for th e child' s car e . In all ca se s, th e 
d e ci s ion to di s charg e a child and th e chi l d's d e ci s ion to l e av e th e 
institution sha l l be mad e known to th e p e rson or agency having 
legal responsibility tor the child and opportunity' provided for 
discussio n o f th is act i on. 

(b) Childr e n sha l l n ot b e r elease d and admitt e d to th e car e of 
anoth e r institution or tr e atm e nt facility without the knowledge 
and cons e nt of th e p e rson or ag e ncy having l e gal authority for 
placing th e chi l d. 

Authorin-G.S. I3ID-I0.5: 143B-153. 



Authority- G.S. 13ID-10.5: 143B-153. 

.1106 REPORTS i 

Th e institution shall submit an annual report to th e D e partment * 
of Human R e sources on Form DSS 18'13. annual r e port to the 
D e partm e nt of Human R e sourc e s, division of social s e rvices. 

Authorities. 131D. Art. I A: 143B-153. 

SECTION .1200 - PUBLIC INSTITUTION CHILD 
CARE AND DEVELOPMENT 



.1105 RECORDS 

(a) Th e inst i tution shall maintain cas e r e cords for th e purpos e 

{¥) protecting th e l e gal rights of the child, his parents 

and legal custodian, and th e in s titution: 

{¥) docum e nting th e kinds of s e rvic es r e nd e r e d to a 

ch i ld and hi s family; and 

{V) providing a s ourc e of information about individual 

childr e n, as w e l l as informat i on for th e institution in 
planning its program of car e and se rvic e s. 

(b) Ca se r e cords s hall includ e th e following information for 
e ach child: 

fl-^ completed application form s ign e d b\ th e p e rson or 

ag e ncy having l e gal authorit\ to plac e th e child: 

(3-) a pr e admis s ion s tudy of th e ch i ld and his famiK 

situation, including an explanation of custod> and 
l e gal r es ponsibilir\ for th e child as indicat e d b\ 
par e ntal — stat e m e nts. — court — efdt 



9¥ 



(4>- 



(4f- 



aers; — er — ag e ncy 



agre e m e nt s : 

a v e rification of birthdat e : 



m e d i cal — cons e nt — sign e d — bv — the- 



p e rson — er 

r e pr e s e ntativ e of the ag e ncy having l e gal custody of 
th e child: 

{^ agr ee m e nts indicating th e r e spon s ibiliti es of th e 

p e r s on or ag e nc> hav i ng l e gal r e sponsibility for th e 
child and th e institut i on in planning and caring for 
th e child: an e xplanation of wh\ th e child needs the 
institution's care and what is going to b e provid e d 
for th e child: 

d cons e nt s for visits outsid e the 



.1201 SOCIAL ASPECTS OF CARE 

(a) Th e Child as an Individual 

ff-) Eaeh — child shall b e consider e d an — individual 

p e rsonality. H« — shaH — be — giv e n — appropriat e 

opportuniti e s for growlh a s a uniqu e individual, for 
l e arning on his own a s w e ll as in a group, for doing 
thing s by hims e lf for hims e lf as w e ll as with and 
for others. 

(5) Efforts shall b e mad e to giv e e ach child suffici e nt 

indiv i dua l att e ntion and aff e ction to comp e nsate in 
s om e d e gr ee for th e r e gim e ntation of group living. 

{i) Each child sha l l hav e th e opportun i ty to form 

constructiv e r e lationships with s taff of both s e x e s. 

(-4-) Each child shall b e allow e d to e xp e ri e nc e own e rship 

and hav e his own plac e to k ee p his poss e ssions. 

f>^ Each child s hall have personal clothing and hav e his 

own plac e to k ee p his clothing. H e s hall b e allow e d 
to tak e part in s e l e cting hi s clothing according to his 
ag e and ability to do so. — Wh e n he l e aves th e 
institution, h e s hall b e allow e d to tak e his clothing 
v v ith him. 

{^ Each child shall b e given th e opportunit> of l e arning 

th e valu e and us e of mon e y through e arning, 
sp e nding, giving, and saving. Each child shall hav e 
an allowance appropriat e to hi s ag e to sp e nd as h e 
wish e s. 

(b) Th e Child and His Familv 



fH- 



^Fhe — in s titution — steW — provid e — and — e ncourag e 
opportuniti e s for e ach child to maintain contact and 
vi s it w ith par e nts, siblings, and r e lativ e s both at th e 
institution and awav from th e in s titution insofar as 
circumstanc e s p e rmit, and th e se contact s and visits 
ar e approved b\ th e p e rson or ag e ncx having l e gal 
r e sponsibility for th e child wh e n other than th e 
natural par e nts. 

(5-) No humiliating remarks about a child's par e nts. 

r e lativ e s, or guardian shall b e mad e to th e child or to 
oth e r childr e n in th e in s titution, 
(c) The Child and th e Institution. Each child shall be assign e d 
to th e car e of a chi l d care work e r who shall bo responsibl e for 
^ a — di s charg e — s ummarv — indicating — date — and assuring hi s da il y car e . Each child shall b e gi\ e n th e opportunit> 



agr e em e nt s an 
institution: 

f7^ r e port s of th e pre admission m e dical e xaminations. 

inc l uding immunizations, and r e ports on all m e dical- 
d e ntal or p s ychological s e rvic e s provid e d whil e the 
child is in car e : 

{^ a writt e n summarx pr e par e d at l e a s t se miannuall> of 

th e r e vi e w of th e ch i ld's n ee ds, his progres s or lack 



ef" 



-in — eare; — changes — m — \m — famiK 



progr es 
circumstanc e s, and th e obj e ctives for the child's 



circumstanc e s of discharg e and plan for car e in th e 

communit\. 
(c) Th e inst i tut i on shall maintain a r e cord of e ach r e quest for 
admi s sion r e c e i\ e d during a curr e nt year, the action tak e n on th e 
r e qu es t, and th e disposition made. 



to discuss any p e rsonal concerns in confid e nce with his child 
car e work e r, 
(d) Th e Child and th e Communitv 

fH Th e institution shall make what e v e r e ffort s ar e 

possible toward h e lping th e childr e n hav e normal 



878 



NORTH CAROLINA REGISTER 



December 1, 1998 



13:11 



PROPOSED RULES 



contacts in the communis in which the institution is 
locat e d s uch as participation in school functions. 

r e cr e ational faciliti e s. charact e r building 

organizations, church youth groups, and part time 
paid or volunt ee r jobs. 

(3^ Childr e n s hall bo encourag e d to form fri e ndships 

with children outsid e th e institution, to vi s it th e ir 
fri e nds in th e community and have th e ir fri e nds visit 
them in th e institution. Children shall hav e acc e ss to 
tel e phon es to provide th e m with opportunity to 
maintain contact with fri e nds and family m e mb e rs. 

(e) Disciplin e 

(-H The institution shall hav e clearly defin e d, writt e n. 

reasonabl e disciplinary policies which are fair to 
childr e n and staff. Th e s e policies shall b e dir e ct e d 
at h e lping e ach child dev e lop his own s e lf control 
and as s um e r e sponsibility for his own acts. Th e s e 
polici e s shall includ e measur e s to prot e ct childr e n 
from abus e . 

(3^ Administration of disciplin e shall b e an adult 

r e sponsibilits. No child or group of chi l dr e n shall 
bo allowed to punish anoth e r child. 

{¥i Requests mad e of childr e n and standard s se t for 

th e ir b e havior shall b e r e asonabl e and within th e ir 
ability to achiev e. 

(4) Children shall not b e subj e ct e d to cru e l, s e v e r e or 

excessive punishm e nt including, but not limit e d to. 
physical abus e , v e r b al abus e , lock e d confin e m e nt- 
deprivation of food, of mail, and of famiU visits and 
contacts. 

(f) Work Assignments 

f-H Work a s signments for children in th e institution 

s hall b e plann e d for a child to hav e m e aningful work 

e xp e ri e nc es and to d e v e lop good work habits and a 

se n se of responsibilits. 
(2^ Work as s ignm e nt s shall bo mad e according to th e 

ag e s and abilities of childr e n. — Childr e n shall b e 

provid e d — adult — sup e rvi s ion — en — theif — work 

as s ignm e nts. 
(5^ Work as s ignm e nts shall not int e rf e r e with school. 

r e cr e ation, study p e riod s , ad e quat e s l ee p, community 

contacts and vi s its with famiK. 
{A) It is r e comm e nd e d that th e North Carolina Child 

Labor Law conc e rning ag e . hours of labor, and 

prohibit e d hazardou s occupations b e compli e d with 

in work as s ignm e nts for childr e n. 
{&) Childr e n s ha l l not b e s ub s titut e s for e mploy e d staff 

They — shaH — net — be — r e quir e d — te — earn — etrt 

r e sponsibiliti e s of staff. 
{%) An in s titution shall not r e quir e a child to work for 

the purpos e of paying th e institution for his car e . 

(g) Exploitation 

fl^ No child s hall b e us e d in any way to solicit funds. 

N e ither shall h o b e id e ntifi e d in conn e ction with 
publicitH for the in s titution in any way which will 
bring him or his family e mbarrassm e nt. — Writt e n 
p e rmission shall be obtain e d from th e p e rson or 
ag e ncx having l e gal respon s ibilitv for e ach child 



b e for e pictur e s or any oth e r m e ans of id e ntil\ing 
childr e n ar e us e d in publicity or public relations 
e fforts of the institution. 

(3) No child shall b e forc e d to acknowl e dg e in public 

his d e p e nd e ncy on th e institution or his gratitud e to 



Authority- G.S. I31D-10.5: 143B-153. 

.1202 RECREATION 

fa-) — Th e institution shall provid e individual and group 
r e creational opportuniti e s appropriate to the ag e . int e r e sts, and 
n ee ds of e ach child. — Suitabl e spac e and competent adult 
dir e ction shall b e provid e d for both indoor and outdoor 
r e cr e ational activiti es . 

(b) Th e r e cr e ational program shall provid e opportunities for 
bo\s and girls to pla\ tog e th e r as w e ll as se parat e ly. For older 
childr e n, a dating policy shall b e e stablish e d which will allow 
th e m opportuniti es for d e v e loping social r e lationships with 
oth e r s of th e ir own ag e group in th e in s titution and in th e 
communit\. 



Authorises. 131D-10.5: 143B-153. 

.1203 EDUCATION 

(a) Th e institution s hall see that e ach chi l d of s chool ag e is 
proxid e d an e ducation in a public school or nonpublic school 
which is op e rat e d in accordanc e with th e public s chool laws or 
with th e nonpublic s chool laws of North Carolina. 

(b) If a school is maintain e d and op e rat e d b\ th e in s titution, 
or an e ducation program i s op e rat e d by th e institution which 
childr e n att e nd in li e u of att e nding schools off campus, th e 
institution shall compK with N. C. G e n e ral Statut e s gov e rning 
nonpublic schools. 

(-e^ — Facilities shall be provided b> th e institution for hom e 
study and for reference books. — Provisions s hall b e made for 
r e m e dial as s istanc e as indicat e d bv the needs of the children. 



Authority- G.S. !3 ID- 1 0.5: 1 43 B- 1 5 3. 

.1204 RELIGIOUS TRAINING 

(a) Each child shall hav e opportuniti e s for r e ligious e ducation 
and to att e nd r e ligiou s s e rvic es . 

fb-) — Each institution shall hav e cl e arly d e fin e d polici e s 
r e garding r e ligious training and practic es for the information of 
those consid e ring plac e m e nt of childr e n in th e institution. 

Authority- G.S I31D-10.5: 143B-153. 

.1205 MEDICAL PROGRAM 

M e dical Program. — Th e institution shall hav e a plann e d 
program of m e dical car e which shall b e impl e m e nt e d and includ e 
e ach child in car e : 

f4-) Admission Requir e m e nt. Each child shall ha\ e had a 

m e dical — e xamination — prior — te — admis s ion. The 

e xaminat i on shall b e r e port e d in writing and s p e cifs 
any condition or d e f e ct th e child might hav e and any 
m e dications pr e scrib e d. 



13:11 



NORTH CAROLINA REGISTER 



December J, 1998 



879 



PROPOSED RULES 



(3f- 



M e dical Car e 



fa^ Arrang e m e nts s hall b e mad e with on e or mor e 

lic e ns e d m e dical phy s icians or m e dical clinic s for 
th e m e dical care of th e childr e n. 

fb^ Each child s hall hav e a phy s ical e xamination at l e ast 

onc e a v e ar and mor e oft e n a s n ee d e d. A child shal l 



(ef- 



fH- 



<^ 



(*>- 



(^ 



(^ 



not b e allow e d to participate in activiti e s injuriou s to 
his h e alth. Any illn es s, dis e as e or d e f e ct of a chi l d 
shal l b e id e nt i fied and tr e at e d promptly through 
prop e r medica l car e . Ch i l d r en shal l hav e psychiatric 
or p s ychological e .xamination or both wh e n indicat e d 
and tr e atm e nt wh e n indicat e d. 
Th e child car e staff shall b e in s tructed as to what 



{V) Routin e Car e and Tr e atm e nt 

fa) Arrang e m e nts s hall b e mad e with one or mor e 

lic e n se d d e ntist s for th e d e ntal car e of the childr e n^ 

fb) Each child s hall hav e a d e ntal e xamination at I c asB 

onc e a y e ar and tr e atm e nt as indicat e d. 

(-2) D e ntal R e cords. Inc l ud e d in a child's medical r e cord 

s hall — be — a — d e ntal — r e cord — indicating — dat e s — ef 
e xamination and tr e atm e nt. 



Authorin- G.S. 13 ID. Art. lA: N3B-153. 



.1207 ROUTINE HEALTH CARE AND PERSONAL 
HYGIENE 

m e dical car e may b e giv e n by th e m without sp e cific (a) Childr e n shall b e taught and h e lp e d to d e v e lop good health 

car e . Each child s hall hav e e nough s l ee p for his ag e at r e gular 



ord e rs from a lic e n se d m e dical physician. — Th e y 
shall b e instruct e d as to how and wh e n to obtain 
furth e r car e and how to handle e merg e ncies. 

{^ Hospital Car e . — Arrang e m e nt s sha l l b e mad e with a 

hospital for th e admission of childr e n from th e 
in s titution in th e e v e nt of se riou s illn e ss or e m e rg e ncN. 
Fir s t Aid. At l e ast on e m e mber of the child car e staff 



and r e asonable hours and und e r conditions conduciv e to r e st. 

(b) Children shall rec e ive training in all asp e ct s of p e r s onal 
hygi e n e . Th e y shall b e taught and h e lp e d to k ee p th e ms e lv e s 
cl e an. 

(c) Each child shall hav e his own cl e arly id e ntifi e d toothbrush, 
comb, towel and wash cloth and his own separat e plac e for 
k ee ping th e s e p e rsonal articl e s. — Tow e l s , fac e cloth s , and b e d 
lin e n s shall b e chang e d as fr e qu e ntly as n e c es sary to b e clean. 

AulhorlryC.S. I3ID. An. lA: I43B-153. 

.1208 NUTRITION 

{ft) — Nutritious, foods shall b e provid e d in th e vari e ty and 
Th e child car e staff s hall b e al e rt to anv inf e ctiou s amounts n e c e ssar\ to m ee t th e National R e s e arch Council's i 



on duty at any giv e n tim e sha l l hav e tak e n a cours e in 
fir s t aid giv e n by a qualifi e d instructor and b e ab l e to 
administ e r fir s t aid. Fir s t aid kits shall b e availab le . 
Home H e alth Car e 



Each m e mb e r of th e child car e staff s hall b e able to 



r e cogniz e common s ymptoms of i l lness e s and 
disturbances in children and to not e anv d e f e cts. 



condition of th e childr e n and shall tak e prop e r r e comm e nd e d daily dietan, allowanc e s. Sp e cial di e ts shall b e' 

precautions to prev e nt th e s pr e ad of such condition. plann e d to m ee t any mod i fi e d food n ee ds of individual childr e n. 

fb) Th e child car e staff s hall b e abl e to provid e hom e (b) Nourishing snacks shal l b e provid e d and may b e part of 

nursing care. A st e ril e clinical th e rmom e t e r s hall b e th e dai l y food ne e ds, but th e y s hall not r e plac e r e gular meal s . 



kept availabl e for us e . Arrang e m e nts s hall b e mad e 
for i s olat i on and appropr i at e att e ndant car e of a 
child with a communicabl e dis e as e . 



Snacks ar e to b e r e cord e d on th e r e gular m e nu. Recomm e nded 
snacks ar e milk, fr es h fruits and v e g e tabl e s, ch ee s e , p e anut 



butt e r, nuts, popcorn, crack e rs, and occa s iona l K. cooki e s. 



Prescription drugs shall onK b e administ e r e d wh e n (c) M e nus shall be plann e d and wr i tt e n by or in consultation 

approv ed — by — a — lic e ns e d — medical — phy s ician. with a r e gist e r e d nutritionist or di e titian. Wh e n food s e rvic e s ar e 
M e dicin e s shall be stored in a se parat e cabin e t. not dir e ct ed b y a nutritionist or di e titian, who is d e fin e d a s a 

graduat e of a school of hom e e conomics or di e t e tics, p e riodic 
consultation w i th a r e gist e r e d nutritioni s t or d ie titian s hal l b e 



clos e t or box not acc e ssibl e to childr e n. 
M e dica l R e cord s . — Each chi l d shall have a p e rsonal 
m e dical r e cord which shall includ e th e r e port of th e impl e m e nt e d. R e cords of consultation s and r e comm e ndations 



phy s ician who e xamin e d him prior to admi ss ion to th e 
institution, a r e cord of hi s immunization s , cons e nt for 
m e dica l car e sign e d by the person or repr ese ntativ e of 
th e ag e ncs having l e aal custodv of th e child, a r e cord 



shall b e maintain e d by th e faci l ity. 

(d) M e nus shall b e plann e d and written at least on e w ee k in 
advanc e to insur e th e me e ting of nutrit i onal n ee ds and to giv e th e 
ba s i s for purchasing t o m ee t th e s e n ee ds. 



of e ach phy si cal e xamination and of m e dical car e ( e ) Childr e n and staff m e mbers who e at with th e m s hall b e 

given whil e th e child is in car e . — Th e latt e r shall 



includ e — a — r e cord — of hospitalizations. — all e rgi e s, 
significant illn e sses or accid e nt s and tr e atm e nt giv e n. 
Any drug allergies s hall b e not e d on th e cov e r of th e 
fold e r containing th e m e dical r e cords. 

Auihorin-<J.S. 131D-1U.5: I43B-153. 

.1206 DENTAL PROGRAM 

Th e i nstitution shall hav e a plann e d program of d e ntal car e and 
d e ntal h e alth which li hall b e follow e d for e ach child in car e : 



serv e d th e same food e xc e pt for t e a and coff ee , un le ss 
diff e r e nc e s in ag e or sp e cial di e tary n ee d s are factors. 

Aiilhorin-G.S. 131D-I0.5: N3B-I53. 

SECTION .1300 - PUBLIC INSTITUTION BUILDINGS: 
EQUIPMENT AND SAFETY 

.1301 CONSTRUCTION 

(a) Con s truction plans for n e w. r e construct e d or r e novat e d 
bui l dings shall b e compatibl e with the child car e function of th e 



I 



HfiO 



NORTH CAROLINA REGISTER 



December /. 1998 



13:11 



PROPOSED RULES 



institution and its program n ee ds. A child caring institution shall 
not off e r in the sam e building two differ e nt types of occupancy 
. or programs of car e . 



.1304 FIRE SAFETY 

(a) Childr e n and staff shall b e instruct e d on fir e prevention. 

(b) Car e shall b e e x e rci se d b\ th e staff in allowing children to 



F (b) All local and stat e building cod es and zoning regulations us e match e s, or to handle inflammabl e or combu s tible material s - 
shall b e complied with in th e construction of a n e w child caring (c) Fir e e vacuation plans shall b e developed and posted in 
institution, in th e conversion of an e xisting building for child e ach building, 
caring institution purposes, and in th e r e mod e ling of an existing 
child caring institution. 



(d) Fir e drills shall b e h e ld p e riodically for both children and 
staff, at l e ast quart e rly. 

( e ) Th e staff and childr e n r e siding in an in s titution s hall be 
train e d in prop e rly r e porting a fir e , in e xtinguishing a small fir e , 
and in e scaping from a fir e . 

f#) — For over)' 2.500 squar e f ee t of floor ar e a and for each 
floor, th e r e shall b e at l e ast one fir e e xtinguish e r. — Fwe 
building s and of all conv e r s ion s s hall b e submitt e d to and e xtinguish e rs shall b e provid e d in accordanc e with th e standards 
approv e d by th e D e partm e nt of Human Re s ourc e s, division of of th e National Fir e Protection Association standard numb e r 10. 
facilit>' s e n'ic e s. construction s e ction prior to b e ginning Th e \ shall b e insp e ct e d r e gularly and kept charg e d and fill e d at 

all tim es in accordanc e with National Fir e Prot e ction Association 
standard numb e r 10. 



Authority- G.S. I31D-10.5: 143B-153. 

.1302 REQUIREMENTS FOR APPROVAL 

fa) — ProliminaPt' and final construction plan s for all n e w 



construction. Four s e ts of con s truction plans and specifications 

shall b e forward e d to th e Department of Human R e sourc e s. 

division of facilitv' s ervices, construction s e ction for distribution (g) Fir e e xits, that is. doors, hallways, and stairs, shall be well 

to and r e vi e w by the Division of facilits s e rvic e s, th e Divi s ion light e d, k e pt cl e ar and r e ady for in s tant us e . No locks s hall b e 

and th e in s tall e d on e xit and on room doors which would prev e nt 
occupant s from g e tting out by th e simpl e op e ration of a single 
knob or l e v e r. — Em e rg e ncy lighting shall b e provid e d wh e re 
r e quir e d for gr e at e r saf e t> in exiting th e building. 

(h) A manual fir e alarm or signal s\st e m shall b e installed in 
e ach child caring institution r e sid e nc e which — is audibl e 
throughout th e building, k e pt in working ord e r and readily 

division — of facility s e rvic e s, construction — s e ct i on or ev id e ntifi e d b\ the staff and th e childr e n. 



of Social Services, the Division of h e alth s e rvic e s 
D e partm e nt of In s uranc e , e ngin ee ring division. 

(b) If a question arises as to wh e th e r an e xisting building us e d 
for child caring institution purpos e s m ee ts th e r e quir e m e nts of 
th e North Curolina Stat e Building Code, an int e rpr e tation can b e 
obtained b\ submitting a t1oor plan of th e building togeth e r with 
details of construction to th e Departm e nt of Human R es ourc e s- 



r e qu e sting an on site visit by a m e mb e r of th e staff 
Authorities. 13 ID. Art. I A: 143B-153. 

.1303 GENERAL REQUIREMENTS 

All buildings to b e us e d for child caring in s titution purpos e s 



(i) Automatic smok e det e ctors shall b e install e d in e ach child 
caring institution residenc e in accordance with th e North 
Carolina bnifonn R e sid e ntial Building Code Volume 1 B. 
Section 35 in which up to fiv e childr e n r es id e and in accordanc e 
with the North Carolina Stat e Building Cod e . Volum e 1. S e ction 
720 in which six or mor e childr e n r e sid e . 

(}) Al l e l e ctrical and h e ating installation s s hall b e approv e d by 



shall me e t th e requir e m e nt s of th e North Carolina Stat e Building 

Cod e which is adopted by ref e r e nc e pursuant to G.S. 150B M(c) th e local building insp e ction d e partm e nt and th e e l e ctrical wiring 

in th e building s ha l l conform with th e r e quir e m e nts stat e d in 
Volum e IV of th e North Carolina Stat e Building Cod e . 

Authority- G.S. 1 31 D- 10.5: 143B-153. 

.1305 HEALTH ASPECTS 

(a) G e n e ral Sanitation. — Prop e r faciliti e s shall b e provid e d 
throughout th e institution's buildings and pr e mis e s to e nabl e 
compliance with acc e pt e d sanitation standards. — Th e wat e r 
supply, sewerage disposal, solid vsast e disposal, food s e rvic e , 
and other faciliti e s shall meet applicable rules and r e gulations of 
the Division of h e a l th s e rvic e s: 



for the tvpe of occupancy for which th e bui l ding i s to b e us e d: 

(4^ Institutional Occupancy. R e sid e ntial car e faciliti e s for 

10 or mor e childr e n who ar e d e p e nd e nt, n e gl e ct e d, 
abandon e d, d e stitut e , orphan e d, d e linqu e nt, and not 
involuntarily d e tain e d shall m ee t applicabl e group I 
inst i tutional r e quir e m e nts in Vol. 1 S e ction 100 and 
Vol. 1 C (handicapp e d r e quir e m e nt s ) of th e North 
Carolina Stat e Building Cod e . 

f3) Residential Occupancy 

(a) All residential car e faciliti e s k ee ping as many as six 

and less than — 10 childr e n who ar e d e pend e nt, 
n e glected. abandon e d. d e stitut e . orphan e d- 
d e linquent or ch i ldr e n who ar e s e parat e d temporarily 
from their par e nts shall m ee t group A "sp e cial 
occupanc\ requir e m e nts" in S e ction 510 of Chapt e r 
V of th e North Carolina Stat e Building Cod e . 

(H Al l r e sid e ntial care faciliti e s k ee ping no mor e than 

fiv e childr e n shall m e et the North Carolina Uniform 
R e s i d e ntial Building Cod e . Mobil e hom e s ar e not 
a l low e d for child caring institution r es id e nc e s. 

Aulhorin-G.S. 13ID-I0.5: 143B-I53. 



f+i- 



In s titutional Occupancy. Each building providing 



car e or food s e rvice to 13 or mor e childr e n shall 
m e et the r e quir e m e nts of "Rul e s Gov e rning th e 
Sanitation of Hospitals. Nursing and R e st Hom es . 
Sanitar i ums, and Educational and Oth e r Institutions" 
pr e par e d by the Departm e nt of Human Resourc e s, 
division of health s e rvic e s, sanitary engine e ring 
s e ction. 

f3) R e sid e ntial Occupancv. — Each building providing 

car e or food s e rvic e to no mor e than 12 childr e n 



13:11 



NORTH CAROLINA REGISTER 



December 1, 1 998 



881 



PROPOSED RULES 



shall m e et th e r e quir e m e nt s of "R es id e ntial Car e .1308 HEAT, LIGHT, AND VENTILATION 

Facilit ie s" tor not mor e than 12 r e sid e nts pr e par e d fa^ — H e ating faciliti e s shall b e provid e d that will k oo p th e 

b\ the D e partm e nt of Human Resourc e s, division of t e mp e ratur e in living quart e rs of the institution within a g 
health — ser\'ices. — sanitars — e nain ee rint; — s e ction. 



Acc e ptable facilities include: 
(A) — a — proporK — operating — dom es tic — dishwashing 

machine, or 
{%) — imm e r s ion for at l e ast on e minut e in cl e an hot 
wat e r at a t e mp e ratur e of at l e ast 170 d e gr ee s 
fahr e nh e it or hott e r, or 
(€^ — imm e rsion for at l e ast two minut es in cl e an wat e r 
to which has boon added e nough ch e mical sanitiz e r 
to provid e at l e ast 50 parts p e r million of availabl e 
chlorin e or 12.5 part s p e r million of availabl e 
iodin e , 
(b) To assure complianc e with all local and stat e sanitation 
r e gulation s , construction plans for a n e w child caring institution 
r e sid e nc e . r e no\ation of an e xi s ting building for child caring 
in s titution purpos e s, and r e construction of an e xisting child 
caring institution shall b e s ubmitt e d to and approv e d b\ th e 
count) h e alth department in which th e facilitv is located. 



Authorm-G.S. 1310-10.5: 143B-153. 

.1306 BATH AND TOILET F.^CILITIES 

la) Th e r e shall b e not l e s s than on e laxalors with hot and cold 
wat e r for e \ e r> six childr e n, on e toil e t for e \ e r\ six childr e n, and 
on e tub or show e r for e v e r> e ight childr e n. — In addition, there 
s hall b e a minimum of on e tub and on e toil e t and on e la\ator> in 
ea ch building in which childr e n li\ e . 

(b) Th e r e s hall b e s e parat e toil e t and bathing faciliti e s for staff 
who l i\ e in th e child car e r e sidences. 



AurhonnG.S. 131D-10.5: 143B-153. 

.1307 SLEEPING FACILITIES 

fa-) — Each child car e r e sid e nc e develop e d after th e e ff e ctiv e 



comfortabl e rang e , not low e r than 62 d e grees fahr e nh e it during 
th e da\ and 55 d e gr ee s fahr e nh e it during the night. — Sp e cial 
att e ntion s hall b e giv e n to h e ating bathrooms abov e these 
minimum t e mp e ratur e s. 

(b) Natural light shall b e availabl e in even room used by 
childr e n and staff Window ar e a s shall not b e l e ss than 1 10 of 
th e floor area of each room. 

(c) Ad e quat e v e ntilation shall b e availabl e in e v e r)- room in 
the institution which is us e d h\ childr e n and s taff. 



Authority G.S. 131D-10.5: 143B-153. 

.1309 INSPECTIONS 

The institution shall r e qu es t and se cur e in s p e ctions at l e ast 
annuall} from th e local s anitarian and from th e loca l building 
insp e ctor or fir e in s p e ctor. R e port s of such insp e ctions shall be 
submitt e d to th e D e partm e nt of Human R e sourc e s. 

Authority G.S. 13 ID. Art. lA: 143B-153. 

SECTION .1400 - PUBLIC INSTITUTION LICENSING 
INFORMATION 

.1402 LICENSE 

|a) Application for a new lic e ns e to op e rate a child caring 
institution is mad e to the D e partm e nt of Human R e sourc e s. i 
div ision of social s e r\ ic e s, prior to th e first child b e ing acc e pt e d * 
for full time car e . 



-ehtW 



(b) Application for r e n e wal of a lic e ns e to op e rat e a cnii 
caring — institution — is mad e to th e D e partm e nt of Human 
R e sources, division of social s e rvic e s, prior to th e e xpiration of 
th e curr e nt lic e n se . 

fe^ — Full Lic e ns e . — A full lic e ns e to op e rat e a child caring 
institution will b e issu e d for on e v e ar wh e n a lic e n se s tud> 

dat e of th e s e standards s hall provid e in e ach b e droom a indicat e s th e in s titution complies with the minimum standards 

minimum of 80 squar e f ee t of t1oor spac e for e ach occupant for child caring institutions. 

e xc e pt that a b e droom for on e occupant shall prov id e a minimum 

of 100 squar e f ee t. 



(d) Provi 



. isional Lic e ns e . A provisional lic e n se to op e rat e can 
b e is s u e d for a p e riod of time up to six months wh e n a lic e ns e 
fb) — In e xi s ting r e sid e nc es e ach b e droom s hall provid e a s tudv indicat e s th e institution needs additional tim e to compiv 



minimum of 60 squar e f ee t of t1oor s pac e for e ach o ccu pan t 
e xcept that a b e droom for on e occupant shall prov id e a minimum 
of 8 squar e f ee t of floor space. 

(c) No child shall shar e a b e droom with a staff m e mb e r. 

(d) Each child shall hav e a b e d of his own. not l e ss than 30 
inch e s wid e nor short e r than his height. Beds shall b e at l e a s t 
thr ee f ee t apart at th e h e ad. foot, and sid e s: and doubl e d e ck e r 



with particular r e quir e m e nt! s). — .\ provisional lic e ns e for an 
additional period of tim e to m ee t th e sam e r e quir e m e nt! s) will 
not b e issu e d. 

fe-) — T e rmination of Lic e ns e . — .A lic e ns e to op e rat e a child 
caring institution will not b e r e n e w e d vsh e n the institution do e s 



not compiv with th e minimum standards for child caring 
institutions aft e r s ufficient time is allow e d in th e Judgm e nt of th e 
b e d s shall b e at l e ast five feet apart. Each b e d s hall b e prov id e d statTofth e D e partm e nt of Human R e sourc e s for th e institution 



with s prings, a mattr e s s in good r e pair and ad e quat e b e d 
cov e ring. No dav b e d. conv e rtibl e sofa or oth e r b e dding of a 
t e mporapi natur e shall b e u se d. 

( e ) B e drooms shall b e e quipped with clo se t and draw e r spac e 
for storag e of clothing and oth e r p e rsonal b e longings. 



to corr e ct ar e as of op e ration vshich are b e low standard. 

ff) — R e vocation of Lic e ns e . — A lic e ns e to op e rat e mav b e 
revoked if th e child caring institution is in v iolation of th e 
minimum lic e nsur e standards and is making no eftorts to correct 
th e d e Fici e ncv. / 



.Author it^■ G.S. 131D-U).5: 143B-I53. 



Authority- G.S. 131D-in.5: 143B-153. 



882 



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annually for all staff working directly with the childr e n. 
Training shall b e s p e cific to th e assigned duties of staff and bo 
d e sign e d to improve vvorlc with childr e n in area s such as 
b e havior manag e m e nt, communication and relationship skills, 
education, problem solving, fir s t aid. m e al preparation, trip 
planning. — using — community — r es ourc e s, — goal — s e tting — aed 
e valuation. — sch e dul e — planning. — water — saf e ty — and — cri s i s 
int e rv e ntion. — R e cords of s uch training will bo kept on file, 
which would includ e th e dat e , th e subj e ct, m e thod of training, 
and th e nam e of the porson(s) who conduct e d th e training, 
lic e ns e d or see king licensure to a childr e n's camp a s d e fin e d in ff) — A childr e n's camp shall employ p e r s onn e l who are 

G.S. 131D 10.2(5). Th e purpos e of th e s e Rul es is to assur e , to r e sponsibl e for sup e rvising th e staff who provid e day by day 
th e e xt e nt possible, that th e child s e r\' e d in th e camp will r e c e iv e guidanc e to e ach child to e nsur e th e continued training and 

d e v e lopm e nt of such staff in th e discharg e of their assigned 
duti e s. 



SUBCHAPTER 41 R - LICENSING STANDARDS: 

RESIDENTIAL CAMPS PROVIDING 

FOSTER CARE FOR CHILDREN 

SECTION .0100 - LICENSING STANDARDS: 

RESIDENTIAL CAIVIPS PROVIDING 

FOSTER CARE FOR CHILDREN 

.0101 APPLICABILITY 

(a) The rul e s in this Subchapter shall appK to all p e r s on s 



qualit\ ' care: and. to allow th e maximum amount of fi e xibilitx for 
individual program s to e xist with diff e rent program d e signs. 



philosophi e s r e garding d e aling with changing b e havior, and 
childr e n's population. 

(b) A full lic e n s e shall be valid for a p e riod not to exceed 12 
month s . 

fe) — Persons lic e ns e d to provid e fost e r car e at either a 
p e rman e nt camp sit e or in a wi l d e rn ess se tting shall admit no 
child l es s than 10 years of ag e and th e duration of an admission 
shall not exc ee d 12 months. No child s hall b e r e admitt e d within 
six months of th e dat e of discharg e . 

(d) A camp for childr e n with e ith e r b e havior probl e ms or in 
conflict with th e law i s a r e sid e ntial facilir\ that utiliz e s a 
therap e utic camping e nvironm e nt to carry out a pr e v e ntiv e and 
rehabilitativ e proc e ss. 



Authority G.S. 131D-10.5. 

.0102 ADMINISTRATION AND ORGANIZATION 

{&) — Childr e n's camps providing fo s t e r car e at e ith e r a 
perman e nt camp sit e or in a wild e rn e ss s e tting shall comply with 
th e administrative and organizational r e quir e m e nt s s e t forth in 
lONCAC'llN. 

(b) Th e Dir e ctor of th e childr e n's camp shall b e no young e r 
than 21 v e ars of ag e . hav e a bach e lor's degr ee , from an 



(g) First aid training is r e quir e d for all couns e ling staff as 
follows: 

m First aid training received must b e docum e nt e d in th e 

files for all group couns e lor s and th e ir s up e rvisors; 

(5-) First aid training mu s t b e conduct e d by a c e rtifi e d 

instructor or a lic e nsed prof e ssional: and 

(5^ First aid training must b e curr e nt. — C e rtificat e s or 

stat e m e nts of training mu s t b e contain e d in th e camp 
fil e s and all first aid training is to b e updat e d e v e r>' 
thr ee y e ars, 
(h) Water safet> activitv' training is r e quir e d for all couns e ling 
staff a s follows: 

f-M aH — group coun se ling staff and th e ir imm e diat e 

s up e rvisors shall hav e succ e ssfully compl e t e d th e 
basic — r es cu e — and- — wat e r — saf e ty — cours e . — with 
c e rtification docum e nt e d in th e camp fil es : and 

{2) ba s ic r e scu e and wat e r saf e ty training shall b e updat e d 

e v e rv thr ee v e ar s . 



.Author it}- G.S. 1 31 D- 10. 5. 

.0103 PROGRAM REQUIREMENTS AND SERVICES 

fa) — Th e camp shall hav e a writt e n d e scription of s e rvic e s 
accr e dit e d four y e ar coll e ge or univ e rsit>' and shall have at l e ast provid e d b) the camp to addr e ss th e n ee ds of th e popu l ation 
two y e ars of work exp e ri e nce, on e of which was in a s up e rvisor. ' se rv e d. Th e docum e nt shall includ e a description of th e camp's 
capacit> in th e fi e ld of child w e lfare s e rvices, health services. plan for famiU involvem e nt and for th e provi si on of servic e s. 



e ducation, psychology, social s e rvices, religious e ducation or 
oth e r alli e d prof e ssion. 

(c) Couns e lors shall be at l e ast 21 \ears of ag e and shall b e 
r e quir e d prior to assuming the position and annualK th e r e aft e r 
to pr e s e nt a m e dical statement from a licensed medical provid e r in providing daily activiti es and s tructur e s for m ee ting th e 
that v e rifi e s no communicabl e disease or sp e cific illn e ss which 



making it clear which s e rvic es ar e provid e d dir e ctK by th e camp 
and which ar e provid e d in coop e ration with cither family or 
commun i ty r e sourc e s, 
(b) Th e writt e n d e scription of th e camp's p l an shall be utiliz e d 



ma\ pos e a significant risk of transmis s ion in th e Facilit> - . Th e 
stat e m e nt shall b e writt e n based upon examination not mor e than 
six months prior to e mploym e nt. 



ph\ sical. s ocial, e motiona l , e ducational and d e velopm e ntal n ee d s 
of childr e n in car e . 

fe) — Th e camp s hall d es ignat e th e staff responsibl e for 
planning, impl e m e nting, and e va l uating it s various program 



(4) — Th e childr e n's camps shall provide staff n e c es sary ' to activiti es and function s and its arrang e m e nt s for groupings of 



insure th e h e alth and s af e ty of e ach child in care. — Th e camp 
shall meet the qualification s outlin e d as follows: 

<-H — th e r e shall b e at l e ast on e couns e ling staff member on 
dutv for e v e rx e ight childr e n in residenc e : and 

(^-) during sleeping hours, th e counselors shall be located 

so that no child will b e out of cal l ing rang e , 
( e ) At l e ast 15 hours of in s e rvic e training shall b e provided 



childr e n in car e . 

(d) Th e camp shall d e signat e th e s taff r e sponsible for periodic 
ass ess m e nt of e ach child' s progr e s s in care and for determining 
wh e n changes need to b e made in th e child's plan of car e . 

( e ) Th e camp s ha l l s p e cif> who is authoriz e d to admit and 
discharg e children. Prior to th e admission of a child, th e camp 
shall secure documentation of the chi l d's l e ga l custodv and shall 



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883 



PROPOSED RULES 



admit th e child only upon writt e n agreement signed b> th e 
p e rson or ag e ncy r e pr e s e ntativ e having the l e gal authority to 
plac e a chi l d. 

(f) Each child shall hav e a m e dical ass e ssm e nt, within 60 
da\s prior to admission. — indicating th e child's ability to s e rvic e s to e ach child in car e will bo d e v e lop e d within 30 days 
part i cipat e in th e activities and sp e citying th e child's curr e nt of admis s ion for e ach child and docum e nt e d in th e child's case 
m e dical cond i tion and medications pr es crib e d and indicat i ng th e t1l e . including: 



r e quested th e discharg e , th e progr e ss that had been 
mad e toward realizing th e goals, and to whom the 
child was discharg e d. d 

(+) — Writt e n int e rv e ntion goals and plan s for impl e monting | 



pr e s e nc e of an\ communicabl e dis e a se or m e dical condition 
which may pos e a significant risk of transmi s sion in th e facility. 

(g) Th e camp shall not acc e pt a child for car e until an intake 
study has b ee n mad e b> th e assign e d s taff p e r s on and it has b ee n 
d e t e rmin e d that th e needs and th e b e st int e rests of the child and 
hi s family or custodian can b e m e t through th e camping program . 

fh-) — Th e camp s hall e stabl i sh cl e arK writt e n admission 
po l ici e s and proc e dur e s which shall b e availabl e , upon r e qu es t. 
to th e public. 



f-H goals stat e d in sp e cific, reali s tic, and m e asurable 



t e rm s : 

{^ plans that ar e action oriented, including who on the 

staff is r es ponsibl e for th e child to r e ach specific 
goals, and how th e staff will act in order for the goals 
to b e m e t: and 

{¥) goal s and plans writt e n in coop e ration w ith th e child 

and his famiK and his legal custodian. 
(fFH) — Th e child' s se rvic e plan shall b e bas e d upon th e 
(i) Admission to th e camp must b e limited to the number of a s s e s s m e nt of th e child and th e family's n ee ds and th e r e asons 



chi l dr e n for whom th e camp is lic e ns e d and typ e s of childr e n for 
whom a camp se tting is imp e rativ e . Only thos e childr e n who 
n ee d car e , individual att e ntion and sup e rx ision apart from th e ir 
famili e s and for whom th e camp i s qualifi e d b\ staff, program, 
facility, and se rvic e s shall b e admitt e d. 

(j) Prior to th e admission dat e , th e camp shall docum e nt th e 
following in writing for e ach child: 
f4^ — who has l e gal cu s tod\ : 

(5-) who will b e tlnancialK r es ponsibl e for th e support 

and m e dical and d e ntal car e of th e child: 

{i) how th e famiK and l e gal custodian will participate in 

th e program: 
{M how phon e calls, l e tt e rs, and visits will b e arrang e d: 



ki^ 



hovs clothing, allowances, and gifts for the child will 

b e handl e d: 
f6) writt e n cons e nt from th e child's l e gal custodian for th e 

child to particip ate in acti\ iti e s that the camp will be 

p l anning for th e child awa> from th e camp ar e a: and 
fr^ a writt e n agr ee m e nt, sign e d prior to th e da> of 

admi s sion b\ th e camp staff, th e child, par e nt and 

legal — custodian. — which — sp e cifi es — w-he — w+U — be 

r e sponsibl e for plann i ng and impl e m e nting goa l s 

whi le th e chi l d i s in th e camping program, 
(k) Th e camp shall establish writt e n discharg e polici e s and 
proc e dur e s which will includ e at l e a s t th e following: 

f4-) gi\ ing prior notic e to th e par e nt or custodian wh e n a 

child is sch e duled for di s charg e : 
(2) — planning with the child and his par e nt or l e gal 

custodian for his discharg e , giving th e opportunity for 

discu s sion and aft e r car e planning: 
f^-» di s charging children und e r 1 8 who ha\e not been 

l e ga l K e mancipat e d onl\ to th e p e rson or ag e nc\ 

having l egal custody of th e chi l d: 
(4^ notifxing th e l e gal cu s todian promptN in th e e \ e nt a 

child l e av e s th e camp for any non sch e dul e d purpos e 



that the chi l d's fost e r care n ee ds can b e st b e accommodated in 
th e camping e nvironm e nt. 

(n) Th e plan shall b e r e vi e w e d at l e ast e\ery three months to 
d e termin e th e child's and famiK 's progr e ss or lack of progr es s 
toward s m ee ting th e goals and obj e ctiv e s, and to d e t e nnin e 
chang e s that n ee d to b e mad e in th e plan. 

(o) Childr e n's camps s hall maintain compl e t e , accurat e , and 
curr e nt case records on e ach child r e c e iving s e rvic e , 
(p) Th e cas e r e cord shall includ e at l e ast th e following: 

f+^ a compl e t e application for se rvic e , sign e d by '"^e 

p e rson or ag e ncx ha\ ing legal custody, which includes 
at l e ast th e follow ing: a 

(A^ th e nam e , addr e ss, rac e . se x. r e ligion, birth * 

dat e , and plac e of birth of the child: 

k%) th e nam e , addr es s, t e l e phon e numb e r, and 

marital status of th e par e nt or l e gal custodian, 
siblings, grandparents, and other significant 
individuals to th e child: 

{G^ dat e of admis s ion and sourc e r e f e rral: and 

(-B4 all docum e nts r e lat e d to th e r e f e rral of th e child 

to th e camp, including social. famiK. m e dical. 
e ducational, and oth e r p e rtin e nt history that 
wa s us e d in making a d e ci s ion to admit th e 
child to th e camping program. 

{^ copi e s of l e gal docum e nts s uch as birth c e rtificat e s. 

court dispositions, plac e m e nt agr ee m e nts: 

fS-) a cop> of the child's se r\ ic e plan which is k e pt curr e nt 

b\ th e assign e d staff and docum e ntation of th e e ffort s 
mad e b\ th e camp d e signat e d s tatf p e rson to e nabl e 
th e cli e nt to r e ach the agr ee d upon goals: 

f4-) results of all m e dical e xaminations, psvchological 

e xaminations, and other ess e ntial information: and 

{§^ a summary supporting the r e asons for discharg e or 

t e rmination from th e program. 
fq4 — All information in th e cas e r e cord must be consid e r e d 



juch as m e dical e m e rg e nc\ or runawa>. Proc e dur e s privil e g e d and confid e ntial and shall b e r e l e a se d onl> when th e 



shall b e d e v e loped for handling such non s ch e dul e d 
d e partur es and for d e t e rmining how th e child will 
r e turn to th e program: and 
{^ — docum e nting in th e cas e r e cord th e circumstanc e s 
l e ad i ng to discharg e , the r e ason for discharg e , who 



par e nt or l e gal custodian has sign e d a consent to r e l e as e 



mtomiation form. 



(r) During th e p e riod of servic e for th e child, th e cas e r e cord 
shall docum e nt s e rvic e and educational e xp e ri e nc e s provid e d 
and the child's r e spons e , e sp e cial K : 



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(+) obs e rvations of respons e to individual goal s and plan s 

and individualiz e d e ducational plan r e cord e d with 
significant frequoncy to e nabl e e valuation of th e ir 
e ffici e ncy; 

(3^ reports of th e r e view, evaluation and chang e in th e 



{¥i 1 urinal for e ach 30 mal e children (urinals may not be 

s ub s titut e d for flush toilets); and 
(4-) 1 handwashing facility, adjac e nt to toilet faciliti e s, for 

each 20 chi l dr e n, 
(g) Laundry faciliti e s or e quipm e nt shall be availabl e at each 



individualiz e d — service — pten — and — individualiz e d camp for all staff and childr e n. 



(h) Gasolin e , keros e n e , and oth e r flammabl e mat e rials shall 
b e stor e d in cov e r e d saf e containers plainly lab e l e d as to content, 
(i) All pow e r tool s , including mowers and trimm e rs, must 
(4) r e cord s of s ervices provid e d, e sp e cially m e dical and hav e th e n e c e ssary saf e ty d e vic es and b e us e d according to 



(^ 



e ducation plan, which ar e to b e don e at l e ast ev e ry 

three months; 

summari e s of parent conferences; 



d e ntal servic e s; 

{§hf r e cord s of significant b e havior incid e nts; 

(6) — r e cords of tim e away from camp; and 

ifP) updat e s of any chang e in admission data. 

(s) Th e camp shall make every effort to e nhanc e and e xpand tools shall b e s tor e d in a lock e d plac e not occupi e d by children, 
th e family' s r e lationship with the child, and to facilitat e positiv e 0^ — Fir e e xtinguish e r s mu s t b e availabl e in all areas so 

communication b e tween th e m in accordanc e with th e child's d e signat e d by fir e saf e ty official s and s hall b e prop e rly charged 



manufacturer's instruction, maintain e d in good r e pair, and us e d 
only by thos e p e rsons experi e nced in th e s af e us e of power tools. 
Wh e n camp e rs are using such equipm e nt, a train e d and 
r e spon s ibl e adult must b e pr e s e nt. When not in u se all pow e r 



s e rvic e plan. 

(t) The camp shall provid e condition s of r e a s onabl e privacy 
for planned visits and t e l e phon e contact s b e tw ee n th e child and 
famil). friends, and significant oth e rs. 

fu^ — Ther e must b e a minimum of 2 coun se lors c e rtifi e d in 
Basic — Re s cu e — aftd — Wat e r — Saf e ty — for e ach — 1-0 — childr e n Authority G-S. 131 D-10. 5. 



and hav e a curr e nt insp e ction l ab e l. 

(k) Each p e rman e nt camp sit e must b e annually insp e ct e d by 

local fir e mar s hal; and all 



th e local h e alth d e pai -- nt and 
v i olations must b e corr e cted. 



participating in any on prop e rtv activity invo l ving wat e r, such as 
swimming, boating, cano e ing, and raft i ng. — Off prop e rt\. th e 
ratio shall b e 3 coun se lors for e ach 10 childr e n for trips of 24 
hours or more. At l e ast on e couns e lor shall b e c e rtifi e d in CPR 
by th e Am e rican R e d Cro s s. 



0105 TRANSPORTATION 

(a) V e hicl e s s hall b e driv e n only by thos e p e r s ons who hav e 
a valid driv e r's lic e ns e . 
fb) — Op e n body or stak e b e d v e hicl es s ha l l not b e us e d to 



(v) An itin e rant shall b e on fil e at camp for any activity for transport childr e n outsid e th e confin e s of th e camp grounds. 



mor e than 2 4 tiours that is off of camp prop e rty, wh i ch shal l 
includ e nam e s of thos e participating, daily s ch e dul e , listing of 
ch e ck in points, rout e s to b e tak e n, and t e l e phon e numb e rs of including th e driv e r. 



(c) Th e r e must b e at l e ast I qualifi e d staff m e mb e r, oth e r than 
th e driv e r, in any v e hicl e transporting mor e than 9 individua l s. 



e m e rg e ncy r e sourc e s along e ach rout e ( s h e riffs, hospital s , r e scu e 
squads). 

Authority G.S. 131D-10.5. 

.0104 FACILITIES 

fa) — All s l ee ping units must provid e at l e ast th e fol l owing 
s pac e : 

fB — 30 s quar e f ee t p e r p e rson; 

(3) — 6 f ee t b e tw ee n h e ads of sl ee pers when b e ds are in a 

h e ad to h e ad configuration; and 
(3^ — 30 inch es b e tw ee n sid e s of beds when beds are in a 
s id e by sid e configuration. 

(b) All camp e r sl ee ping faciliti e s sha l l be limit e d to on e l e v e l 
s tructur e s. 

(c) Any structur e , sl ee ping or oth e rwise, with an occupancy 
of more than 12 p e r s ons, including staff, shall b e provid e d with 
at least 2 s e parat e and ind e p e nd e nt m e ans of exit. 



fd) — No mor e individuals may b e tran s port e d in any 
automobil e , bus, or van than th e r e ar e seats in th e v e hicl e . 

(^) — Childr e n shall not b e transport e d for more than 1 
continuous hours without a minimum of a 1/2 hour r e st stop. 

(f) Childr e n shall not b e transported in a vehicl e for mor e 
than 10 hours in any 24 hour period of tim e . 

Authority G.S. 1 31 D- 10. 5. 

.0106 DAILY LIFE 

(a) Em e rg e ncy m e dical car e must b e provid e d by an on call 
physic i an, nurs e , e m e rg e ncy m e dical t e chnician, or a person who 
i s oth e rwis e dul\ c e rtifi e d. 

fb) — All childr e n's camp s must b e within 60 minut e s of 
e m e rg e ncy m e dical tr e atm e nt. 

(c) Th e childr e n's camp mu s t hav e cl e arly d e fin e d, writt e n 
disciplinarv polici e s. Th e s e polici e s shall b e dir e ct e d at h e lping 
eaeh — child — d e v e lop — his — own — se lf control — afid — as s um e 
(d) Open flam e lighting or us e of combustib l e mat e rials such r e sponsibility for his own acts. — Administration of di s ciplin e 



as lamp oil or k e ro se n e sha l l not b e us e d in sl e eping sh e lt e rs for 
e ith e r lighting or heating, 
( e ) Th e r e shall b e potabl e wat e r avai l abl e at e ach camp sit e . 
ff) — At e ach children's camp th e r e shall b e provid e d a 
minimum of 

(+) 1 show e r h e ad for e ach 20 ch i ldr e n; 

f3^ 1 flush toil e t for e ach 20 chi l dr e n; 



shall b e an adu l t r e spon s ibil i ty. No child or group of childr e n 
s hall b e allow e d to punish anoth e r child. 
. fd) — Childr e n mu s t not b e subj e ct e d to cru e l, s e v e r e or 
e xc e ssiv e disciplin e inc l uding, but not limited to, physical abuse, 
v e rba l abuse, locked confinement, physical r e straint, d e privation 
of food, of mail and of family visits and contacts, 
(e) Childr e n mu s t hav e at l e a s t 3 m e als availabl e each dav. 



13:11 



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December I, 1998 



885 



PROPOSED RULES 



plus nourishing snacks. Th e camp shall pr e par e v s Titten menus 
on at l e ast a v see kly ba s is. Such m e nus sha l l b e on fil e for at 
l e ast 12 months. — Wh e n food se rvic e s ar e not directed by a 
r e gist e r e d nutritionist or di e titian, th e p e rson who directs food 
s e rvic es must obtain consultation from a register e d nutritionist 
or di e titian on an annual basis. 

(f) Childr e n must hav e a daily chang e of clothing ava i labl e , 
including s ocks, underw e ar, and out e r clothing suitabl e to 
w e ath e r conditions. 

(g) Childr e n must have th e availability of being able to bath e 
at l e ast onc e e ach day. 

(h) Each child must b e r e quir e d to bru s h his teeth at least 
onc e a day. 

(i) Ther e mu s t b e a minimum of I couns e lor c e rtifi e d in first 
aid training for e ach 10 chi l dr e n participating in any organiz e d 
activity, s uch as hiking, v e hicular touring, swimming, cano e ing, 
boating, and rafting. 

Authority G.S. 1 31 D- 1 0.5. 

.0107 EDUCATION 

fa-) — Each camp mu s t provid e an alt e rnativ e e ducation 
e xp e ri e nc e and th e e ducational program shall complv with th e 
appropriat e — r e quir e m e nts — of the — D e partm e nt — of — Public 
In s truction: or. e ach camp must b e r e gist e r e d as and me e t the 
r e quir e m e nt s for a non public school. 

(b) Education in a camp s e tt i ng must b e e xp e ri e ntial and shall 
b e monitor e d and e valuated pursuant to e ither public or 
non pub l ic school e ducational t e sting r e quir e m e nts to d e t e rmin e 
th e child's achi e v e m e nt l e v e l. 



.Authority U.S. 1310-10.5. 

SUBCHAPTER 41S - MINIMUM LICENSING 
STANDARDS FOR RESIDENTIAL CHILD CARE 

SECTION .0100 - GENERAL LICENSING 
REQUIREMENTS 

.0101 LICENSING ACTIONS 

(a) License. 
( I ) The Department of Health and Human Services shall 
issue a license when it determines that the residential 
child-care facility js m compliance with rules in 
Subchapters 41S and 4 IT. 
A license max remain in effect for one \ ear. 



i21 
01 



The Department of Health and Human Services shall 
automatically provide a 90 day grace period at the 
expiration date of the license. 

(4) if licensure materials are submitted after the license 
expires, but uithin the 90 day grace period, the 
Department of Health and Human Services ma\ issue 
a license one \ear from the expiration date of the 
previous license, 
(b) Changes m any information on the license. 

(I) The Department ot' Health and Human Services may 
change a license during the period of time it js jn 
effect if tfie change is in compliance with rules in 



Subchapters 41 Sand 4 IT. 

(2) The Department of Health and Human Services shall 
not change a license during the 90 day grace period. ^ 

(3) A residential child-care facility must notify' the^ 
Children's Services Section in writing of its request 
for a change in license, including such information as 

is necessary to assure that the change is in compliance 
with the rules in Subchapters 41 S and 41 T. 

(c) Termination. 

(1) When a residential child-care facility voluntarily 
discontinues child caring operations, either 
temporarily or permanently, the residential child care 
facility' must notify the Children's Services Section in 
writing of tlie date, reason and anticipated length of 
closing. 

(2) If a license is not renewed by the end of the 90 day 
grace period, the Department of Health and Human 
Services shall automatically terminate the license. 

(d) Adverse Licensure Action. 

(1) The Department of Health and Human Services shall 
den\. suspend or revoke a license when a residential 
child-care facility is not in compliance with the rules 
in Subchapters 4IS and 4IT and it detennines that 
compliance cannot be accomplished within a 
reasonable time as established by the Children's 
Services Section of tfie Division of Sc'^ial Services. 

(2) The Department of Health and Human >rvices shall 
notify a residential child-care faciliu in writin g of the 
decision to deny, suspend or revoke a license. ^ 

(3) Appeal procedures specified in 10 NCAC 41 A .0107. " 
WAIVER OF LICENSING RULES AND APPEAL 
PROCEDURES, are applicable for persons seeking 

an appeal to tlie Department's decision to deny, 
suspend or revoke a license. 

.Authority- G.S. 131D-10.5: 143B-153. 

.0102 LICENSING PROCESS 

(a) The license process shall consist of an application phase 
and an investigatory phase. 

(b) Application Phase. An applicant must apply for a license 
to operate a residential child care facility to ttie Department of 
Health and Human Services. Division of Social Services, prior 
to the first child being accepted for full-time care. An applicant 
must apply for renewal of a license to operate a residential child 
care facility to tfie Department ot' Health and Human Services- 
Division of Social Services, prior to the expiration of the current 
license. 

(c) InvestigatoA Phase. During this phase, the applicant must 
submit to tfie Division of Social Services. Children's Services 
Section information on tfie proposed program and projected 
methods ot' operation. For proposed private and public 
residential child-care facilities, the Division of Social Services. 
Children's Services staff together y\ ith those seeking licensure, 
complete this phase. For agency residential child-care facilities. ^ 
the supervising agency shall comp lete this phase. ▼ 

(d) Decision Regarding Licensure. An applicant must submit 
all the materials required by Subchapters 4IS and 4IT to the 



886 



NORTH CAROL/yA REGISTER 



December 1, 1998 



13:11 



PROPOSED RULES 



. 



I 



Division of Social Services. Children's Services Section prior to 
the decision to issue a license to operate. 

Authority- G.S. 131D-10.5: 143B-153. 

SECTION .0200 - MINIIMUIVl LICENSURE 
STANDARDS 

.0201 DEFINITIONS 

The following definitions apply to the rules in Subchapters 4 1 S 
and 411: 

(1 ) Case Plan means a written document which describes 
the social and child welfare services and acti\ ities to 
be provided by the counK' department of social 
services in the Family Services Case Plan or other 
state and local agencies for the purpose of achieving 
a permanent family relationship for the child. 

(2) Child Caring Institution means a residential child-care 
facility utilizing permanent buildings located on one 
site for 10 or more foster children. 

(3) Children's Foster Care Camp means a residential 
child-care faciliry which provides foster care at either 
a permanent camp site or in a wilderness setting. 

(4) Direct Service Personnel means staff responsible for 
the direct services pro\ided to children and their 
families including, but not limited to. child care 
workers, residential counselors, house teaching 
parents, social workers, recreation and education staff 

(5) Director means the person who is m charge of the 
agency and who is responsible for developing and 
supervising the program of residential child care and 
services. 

(6) Emergency Shelter Care means 24 hour care provided 
in a residential child care f; :ilit\ for a period not to 
exceed 90 days, jn accordance with 10 NCAC 411 
.0400. 

(7) Family Time means specific period arranged for a 
child who resides in a residential child care facility to 
spend vNJth kin either on-site or awa\ from the 
residential child care facility. 

(8) Foster Child means an individual less than 1 8 years of 
age who has not been emancipated under the 
provisions of Article 56 of G.S. 7A. or one who is 18 
to 21 years of age and continues to reside in the 
residential child-care facility, who js dependent- 
neglected, abandoned, destitute, orphaned, delinquent. 
or otherwise jn need of care a\\a> from home and not 
held in detention. 

(Q) Full License means a license issued for one year when 
all minimum licensing requirements are met. 
(10) Group Home means a residential child-care facilirv 
operated either under public or private auspices which 
receives for 24 hour care no more than nine children. 
This number includes the care givers' own relatives 
residing jn the home under the ages of 18^ The 
composition of the group shall include no more than 
two children under the age of two, four children under 
the age of si.\. and six children under the age of 12. A 



group home shall not provide day care, nor shall it be 
available to adults in the community who wish to rent 
rooms. 

(11) Individualized Service Plan means a written document 
which describes a child's needs, goals and objectives 
in a residential child care facility and the direct 
services staff tasks and assignments to meet a child's 
and famiK's needs, goals and objectives. 

(12) License means pemiission granted in writing to a 
corporation, agency or county government by the 
Department of Health and Human Services to engage 
in the provision of full time child care or child placing 
acti\ities based upon an initial determination, and 
annually thereafter, that such corporation. agenc\. or 
a count\ government has met and complied with 
minimum standards set forth in this Subchapter 

(13) Private Agency Residential Child-Care Facility means 
a residential child care facilit\ under the auspices of 
a licensed child placing agency or anothei private 
residential child care facility. 

( 14) Private Residential Child-Care Facilirs' means a 
residential child care facility under the control, 
management and supervision of'a private non-profit or 
for-profit corporation, sole proprietorship or 
partnership whic'i operates independentK of a 
licensed child placing agenc\ or an\ other residential 
child care facilit\. 

( 15) Provisional License means a license issued for a 
maximum of six months enabling a facilit\ to operate 
while some below standard component of the program 
is being corrected. A provisional license for the same 
below standard program component shall not be 
renewed. 

(16) Public AgencN Residential Child-Care Facilit\ means 
a residential child care facility under the auspices of 
a count\ department of social services. 

(17) Public Residential Child-Care Facilit\ means a 
residential child care facility under the control, 
management and supervision of a county government. 

( 18) Visiting Resource means volunteers from the 
community whose homes children visit on the 
weekends, holiday or vacations. 

( 19) Volunteer means a person working for an agency who 
is not paid. 

Authority G.S. 13ID-1U.5: 143B-153. 

.0202 RESPONSIBILITY TO DIVISION OF 
SOCIAL SERVICES 

(a) The residential child-care facility shall annualK submit to 
the Division of" Social Services the information and materials 
required by rules in Subchapters 41S and 4IT to document 
compliance and to support issuance of a license. 

(b) The residential child-care facility shall submit to the 
Division of Social Services an annual statistical report of 
program activities as required in Subchapters 4 1 S and 4 IT. 

(c) The residential child-care facility shall provide written 
notification to tlie Division of Social Services of a change rn the 



13:11 



NORTH CAROLINA REGISTER 



December 1, 1998 



887 



PROPOSED RULES 



director. 

(d) The office of a residential child care facility shall be 
maintained uithin the geographical boundaries of North 
Carolina. The licensee shall cam out acti\ ities under the North 
Carolina license from this office. 

(e) The current license of a residential child care facilin shall 
be posted at all times in a conspicuous place \\ ithin the faciliu. 

ijQ When there js a report alleging abuse or neglect m a 
residential child-care facilit%. the director or his designee shall 
immediateK notify the Di\ision of Social Services^ 



(g) The residential child-care facilin shall submit to the 
Di\ision of Social Services a report on the circumstances of the 
allegation and results of the in\estigation of the allegation of 
abuse or neglect. This report, along u ith other information, shall 
be re\ie\sed and e\aluated b\ the licensing authorit\ and used in 
consultation and technical assistance to the residential child-care 
facility to impro\e ser\ices to protect children in placement in 
the residential child care facilit\. 

(h) The residential child-care facility shall have and follow 
policies and procedures for handling an\ suspected incidents of 
child abuse or neglect invoking staff The policies and 
procedures must include: 

( 1 ) .A provision for reporting an\ allegations of abuse or 
neglect to the appropriate count\ department of social 
seryjces for investigation in accordance with G.S. 7A- 
543. 

A provision for recording any suspected incident of 
abuse or neglect and for promptly reporting jt to the 
executive director or to the governing bodv or 
advisorv board. 



£2} 

£4] 
i2l 



A provision for promptiv notifying the Division of 

Social Services of any allegations of abuse or neglect 

of an\ child in care. 

A provision for preventing a recurrence of the alleged 

incident pending investigation. 

A prov ision for written notification to the Div ision of 

Social Services of any findings of such an 

investigation of child abuse or neglect, specifying 

onlv whether there was substantiation or 

unsubstantiation of the case. 



Authority G.S^ 121D-I0.5: I43B-152. 

.0203 SLBSTA.\TI.\TIONS OF NEGLECT 
AGAI.NST THE FACILITY 

(a) When there js a substantiation of neglect against the 
residential child care facilit\ by a count\ department of social 
services, a corrective action plan shall be submitted bv the 



director to the Division of Social Services within 30 davs of the 
substantiated report. 

(b) Following the receipt of the corrective action plan, the 
Division of Social Services mav make one unannounced on-site 
visit to the facilin \yithin the 30 davs follovying the receipt of the 
corrective action plan. 

(c) The Div ision of Social Serv ices ma\ make subsequent 
onsite visits at varying frequencies and times throughout the 
ensuing vear to determine that the corrective actions have been 
implemented. 



Ql 



Authority- G.S. I31D-10.5: I43B-153. 

.0204 LICENSURE PROCEDURES a 

(a) Private Residential Child Care Facility Licensur^ 
Procedures. 

( I ) The following materials shall be submitted to the 
Division of Social Services during the application 
phase: 

(A) Articles of Incorporation: 

(B) Bylaws; and 

(C) Governing board list with addresses- 
occupations and classes on the board, including 
officers and terms of officers, if applicable. 

The following materials shall be submitted to the 
Division of Social Services during the investigatory 
phase before an initial license can be issued: 

(A) License Application and Summary. 

(B) Program policies and procedures stating the 
purpose, outlining admission criteria, as well as 
defining areas of responsibilities for services 
which the facility will assume for children in 
care and for services to be provided by the 
referring agencv or individual, and discharge 
criteria. 

Description of the child care program and 
evaluation method 
Program forms. 

Budget outlining anticip ated costs and sources 
of revenue for the first vear of operation. 
Personnel policies. 
Organizational chart. 
Job descriptions. 
Staff resumes. 



ID 

m 
111 



• 



Full and part-time staff work schedules. 
Medical examinations on fuH and part-time 
direct-care personnel and any relatives in the 
home. The medical examinations must be 
completed by a licensed medical provider 
w ithin six months prior to the license date. 

(L) Fire and Building Safen Inspection Report (for 
fevyer than seven residents, for seven to nine 
residents or fO or more residents), completed 
and approved bv the county building inspector 
or tire marshal. 

(M) Inspection Form for Residential Care Facilities, 
completed and approved by tfie county 
sanitarian. 

(N) Floor plan indicating room dimensions, usage 
of each room, vyindow and door locations and 
sizes and method of heating. 

(O) Written approval from the Division of Facility 
Services for a design capacity of seven to nine 
residents or U) or more residents. 

(3) Division of Social Services shall make one or more 
visits to the residential child care facility to complete A 
the licensing studv. ▼ 

(4) Based on mformation obtained during the 
investigatory phase. Department of Health and Human 



888 



WRTH CAROLIXA REGISTER 



December I, 1998 



13:11 



PROPOSED RULES 



Services staff shall evaluate the residential child care 
facility's proposed program and methods of operation 
to determine compliance with rules jn Subchapters 
41Sand41T. 
(5) The Division of Social Services shall notify the 
residential child-care facility in writing of the 
licensure decision, conditions of the license and any 
recommendations regarding the child care program. 

(b) Licensure Procedures for Private Agency. Public Agency 
and Public Residential Child Care Facilities. 

(1 ) The following materials shall be submitted to the 
Division of Social Services before a license may be 
issued: 

(A) License Application and Summary. 

(B) Program policies and procedures stating 
purpose, outlining admission criteria, as well as 
defming areas of responsibilities and discharge 
criteria. 

(C) Description of the child care program and 
evaluation method. 

(D) Program fonns. 

(E) Budget outlining anticipated costs and sources 
of revenue for the first year of operation. 

(F) Job descriptions. 

(G) Staff resumes. 

(H) Full and part-time staff work schedules. 
(I) Medical examinations on full and part-time 
direct care personnel and an\ relatives in the 
home. The medical reports must be completed 
by a licensed medical provider vsithin six 
months prior to the license date. 
(J) Fire and Building Safety Inspection Report (for 
fewer than seven residents, seven to nine 
residents, or 1 or more residents), completed 
and approved b\ the county building inspector 
or fire marshal. 

(K) Inspection Form for Residential Care Facilities, 
completed and approved by the county 
sanitarian. 

(L) Floor plan indicating room dimensions, usage 
of each room, window and door locations and 
sizes and method of heating. 

(M) Written approval from the Division of Facility 
Services for a design capacity of seven to nine 
residents or 1 or more residents. 

(2) Department of Health and Human Services staff shall 
notify the residential child-care facility in vsriting of 
the licensure decision, conditions of the license, and 
any recommendations regarding the child care 
program. 

(c) Licensure Procedures Following First Year of Operation. 
( 1) Prior to the license expiration date, the Division of 

Social Services shall notify the residential child care 
of the licensure renewal 



12J 



facility in writing 

requirements. 

The following materials shall be submitted to the 

Division of Social Services before a license for a 

residential child care facility can be renewed: 



iiJ 



(4J 



(A) License Application and Summary. 

(B) Governing board list, with addresses, 
occupations and classes on the board, officers 
and terms of office, if applicable. 

(C) Budget outlining anticipated costs and sources 
of revenue of tlie next operating year, with 
estimation of daily cost of care 251 child for 
past year 

(D) Annual Information Report on Children. 

(E) Biennial medical reports on full and part-time 
direct care personnel staff and any relatives in 
the facility. These physicals must be 
completed by a licensed medical provider 

(F) Health Questionnaire on tfie year when the 
physical examination is not required. 

(G) Fire and Building Safety Inspection Report (for 
fewer than seven residents, seven to nine 
residents, or 10 or more residents), completed 
and approved by the county building inspector 
or fire marshal. 

(H) Inspection Form for Residential Care Facilities. 

completed and approved by the county 

sanitarian. 
(1) Updated or revised materials to include, but not 

limited to. policies, procedures, forris. or 

amendments to Bylaws or Articles. 
(J) Independent annual financial audit, if a private 

residential child care facility. 
With the exception of residential child care facilities 
which are accredited by the Council on Accreditation, 
the Division of Social Services shall annually conduct 
onsite visits to private residential child-care facilities 
and conduct desk revieyvs of the licensure materials of 
a private agency, public agency or public residential 
child care facilities to determine if minimum licensure 
standards for residential child care facilities coi'iinue 
to be met. 



For residential child care facilities which are 
accredited by the Council on Accreditation, the 
Division of Social Services shall conduct onsite visits 
to these residential child care facilities every other 
year in accordance yvith the agreement between the 
Division of Social Services and tlie Council on 
Accreditation. 



Authority G.S. 13ID-10.5: I43B-I53. 

SECTION .0300 - ORGANIZATION AND 
ADMINISTRATION 

.0301 GOVERNANCE 

(a) Charter: When a private residential child care facility 
operates under a charter of incorporation, the charter shall be 
filed with the Department of the Secretary of State. The charter 
shall have a statement of purpose which describes the 
geographic area to be served, kinds of children to be admitted, 
and the range ot" services to be provided, an official copy of 
which shall be submitted to the Division of Social Services. 



13:1] 



NORTH CAROLINA REGISTER 



December I, 1998 



889 



PROPOSED RULES 



(b) Governing Bodv: A private residential child care facility 
shall have a governing bod\ which exercises authority over and 
has responsibility for its operation, policies and practices. 

(c) The governing bod\ shall be one of the following: 

( 1) a board of directors in the case of a non-profit or for- 
profit corporation: or 

(2) commissioners or appointed officials of a 
go\emmental unit: or 

(3) a proprietor in case of a sole proprietorship: or 

(4) partners in case of a partnership. 

(d) In the case of a non-profit or for-profit corporations, the 
governing bod\ shall: 

( 1 ) be composed of no fewer than six members to include 
men and women with varying abilities, experience, 
and cultural backgrounds: 

(2) pro\ide for a s\stem of rotation for board members, 
for limitation to the number of consecutive terms a 
member ma\ serve: 

(3) establish standing committees: 

(4) pro\ ide orientation for new members: and 

(5) meet at least twice annualK. 

(e) The executive committee shall meet at least quarterly with 
a quorum present. 

Authority G.S. 13! 0-1(15: 143B-I53. 

.0302 RESPONSIBILITIES OF THE GOVERNING 
BODY 

The goy eming bod\ shall: 
(1) adopt administrati\e. personnel, and program policies 
which are re\ iewed at least e\ er\ t\\ o \ears: 
rey iew and appro\ e a budget prior to the beginning of 
the fiscal \ear: 

establish and periodically review policies on 
fundraising and in\estment management and obtain 
professional assistance and consultation as needed: 
annualK review and formal K accept the financial 
audit: 

emplo\ a chief executive officer (director. executi\e 
director, president, superintendent) and delegate 
authorin to that person to employ and dismiss staff 
implement board policies, and manage da\-to-da\ 
operation of the facilit\: 

permit the chief executi\e officer or designee to 
attend aU meetings of the go\eming bod\ and 
committees with the exception of those held for the 
purpose of re\iewing his performance, status, or 
compensation: 

annualK e\aluate and document the chief executi\e 
officer's performance through specific criteria and 
obiecti\es: 

initiate and re\iew an annual evaluation of services 
and direct needed changes based on the e\ aluation: 
annually review facilit\ needs related to risk 
management: and 
maintain a long range plan and review annualK. 



(2J 
13} 



14} 



m 



m 

18) 

li] 

10) 



.0303 FINANCES 

(a) Fiscal Management: The chief executive officer shall: 

( 1) implement sound financial practices in order toA 
prepare and periodicalK re\ iew the budget, and to be^ 
accountable to the communit\ : and 

(2) report to the governing body at least quarteriy or more 
frequently, as requested, on present financial status 
and anticipated problems. 

(b) The residential child care facilit\- shall: 

( 1 ) have a plan of financin g which assures sufficient 



01 



funds to enable it to carry out its defined purposes and 
provide proper care and services for children: 
develop adequate resources and manage them 
prudently in order to obtain the revenues that support 
its programs and prevent the interruption of needed 
care and services to clients: 

have a written budget specifying income and 
expenditures which sery es as the plan for management 
of its financial resources for the program y ear: and 
annualK anaKze the comprehensive unit cost of 
providing each service to monitor trends, reflect 
current experience, use in contracting, billing, and 
establishing a fee schedule, jf a fee schedule is 
utilized. 
tc} Audit: 
(1) An independi 'nt accountant approved by the 
governing bodv "t by the appropriate governmental 
auditing authority s hall perform an audit of the 
residential child care facilit\"s financial statements 



ill 



(4] 



annually. 







iH 



The residential child care facilit\ shall submit a copy 
of the annual audit to the Division of Social Services. 



AuthormG.S. 131D-10.5: 143B-153. 

.0304 INTERNAL OPERATING PROCEDURES 

The residential child care facility shall adopt and annualK 
review operating procedures for each administrative and 
program area in order to effectivelv cam, out its policies and 
shall make the internal operating procedures available to clients, 
families, and legal custodians. 

AiithorinG.S. 131D-I0.5: I43B-153. 



.0305 RECORDKEEPING AND REPORTING 

(a) The residential child care facility's policy 
confidentiality shall: 



on 



Authorir\-G.S. 13ID-I0.5: 1438-153. 



( 1 ) identifA the indiv iduals with access to or control over 
confidential information: 

(2) specif\ that persons who have access to records be 
limited to die client, the parent or legal custodian 
when the client is a minor, and other authorized 
personnel. These persons shall include auditing, 
licensing, or accrediting personnel or those persons 
for whom the agencv has obtained a signed consent 
for release of confidential information: and 

(3) require that when client information is disclosed a 
signed consent for release of information is obtained 



I 



890 



^ORTH CAROLI.\A REGISTER 



December ], 1998 



13:11 



PROPOSED RULES 



on a consent for release form. 
£bj The residential child care facility shall: 
. (JJ provide a secure place for the storage of records with 
I confidential information; 

(2) inform employees, students, volunteers and other 
individuals with access to confidential information of 
the provisions of this Rule; 

(3) ensure that, upon employment and whenever revisions 
are made, staff sign a compliance statement which 
indicates an understanding of the requirements of 
confidentiality; 

(4) unless harmful, permit children to review their case 
records in the presence of facility personnel on the 
facility premises, in a manner that protects the 
confidentiality of other family members or other 
individuals referenced in the record; 

(5) in cases of perceived harm to the child, document in 
writing any refusals to share information with the 
child, parent or legal custodian; 

(6) maintain a confidential case record for each child; 

(7) maintain confidential personnel records for all 
employees; 

(8) maintain confidential records for all volunteers; and 

(9) destroy in office a closed record in which a child has 
been discharged for % period of three \'ears or destro\ 
in office a record thiee vears after a child has reached 
age 18. unless included in a federal fiscal or program 
audit that is unresolved, then destroy In office when 
released from all audits. 

Authority G.S. I31D-I0.5: I43B-153. 

.0306 CLIENT RIGHTS 

(a) The residential child care facilit\' shall develop and 
implement policies and procedures to protect the individual 
rights and dignity of children and families. 

(b) The residential child care facility shall have a client's and 
families' rights policN' which includes that each child has the 
right to: 



ill 



(4} 

li] 

16} 

m 



privacN; 

be provided adequate food, clothing, and shelter; 
have access to family time and have telephone 
conversations with famiK members, when not 
contraindicated in the child's intervention plan or 



I 



m 



individualized service plan; 

have personal property and a space for storage; 

express opinions on issues concerning the child's care 

or treatment; 

receive care in a manner that recognizes variations in 

cultural values and traditions; 

be free from coercion with regard to religious 

decisions. The facility shall have a process to assure 

that, whenever practical, the wishes of the parents 

with regard to a child's religious participation are 

ascertained and followed; 

not be identified in connection with publicity for the 

facility which shall bring the child or tlie child's 

famiK embarrassment; and 



(9) not be forced to acknowledge in public dependency 
on or gratitude to the facility. 

(c) The residential child care facility shall have a policy 
which prohibits direct involvement by a child in funds 
solicitation for the facility. 

(d) The residential child care facility shall have a policy 
which prohibits the child's participation in any activities 
involving audio or visual recording and research without the 
voluntary signed, time-limited consent of the child and the 
child's legal custodian. 

Authority G.S. 131D-10.5: 143B-153. 

.0307 GRIEVANCE PROCEDURES 

(a) The residential child care facility shall provide to each 
child and parents or legal custodian, upon admission: 

( I ) a written description of policies and procedures which 
the child and his parent(s) or legal custodian follow to 
register complaints; 
information about client rights; 
the process for appealing a decision or action of the 
facilirs ; and 
the process for resolution of a complaint. 

(b) Upon resolution of a grievance, the residential child care 
facility' shall maintain a copy of the complaint and the resolution 
in the case record. 



{21 

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Authority C.S. I31D-10.5: 143B-153. 

SECTION .0400 - PERSONNEL 

.0401 PERSONNEL POLICIES 

The residential child care facilirs shall have written personnel 
policies and procedures which shall be provided to all 
employees. Revisions of all personnel policies shall be rn 
writing and provided to employees on a timely basis. Policies 
and procedures shall address the following areas: 

(1 ) Recruitment and hiring; 

(2) Compensation structure and benefits; 

(3) Orientation plan for new employees; 

(4) Training and staff development; 

(5) Regulations regarding use of equipment and assets; 

(6) Notification of work schedule; 

(7) Description of leave policy, including time-off duty 
for disciplinary actions for direct care staff; 

(8) Termination; 

(9) Operational procedures regarding grievances which 
provide the opportunity and means to lodge 
complaints and appeals; 

(10) Description of the process for revision of personnel 
policies; 

(11) Annual evaluations; 

(12) Staff quarters and searches; and 

( 13) Disciplinary measures. 

Authorin-G.S. 131D-I0.5: 143B-153. 



.0402 



PERSONNEL DEPLOYMENT 



13:11 



NORTH CAROLINA REGISTER 



December 1, 1998 



891 



PROPOSED RULES 



(a) The residential child care faciUtv shall ensure that the 
deplosment of personnel supports the stated mission of the 
facilit\. 

(b) There shall be a written job description for each position, 
which includes duties, responsibilities, qualifications, and to 
vshom the position is responsible. Job descriptions shall be 
consistent with duties being performed. 

(c) The residential child care facilin shall have procedures for 
annual evaluation of the work performance of each employee 
which provides for employee participation in the process. 

shall have an 



driver's license appropriate for the tv'pe of vehicle used. 



Author in- G.S. BID- 10. 5: 1438- 153. 



I 



.0405 PERSONNEL POSITIONS 

(a) Director. There shall be a full time director for an agenc\ 
w ith one or more facilities licensed for 20 or more children. At 
a minimum, there shall be a part-time director for an agency with 
one or more facilities licensed for less than 20 children. 

(b) A director shall have management skills that enable the 
effective utilization of the residential child care facility's human 



(d) The residential child care facilit\ 

organizational plan which delineates the number of staff and and financial resources and the coordination of the facilit^'s 

services w ith those provided by other community resources. 



levels of superv isors managers, taking into account the 
comple\it\ and size of the workload ot~ each staff The plan 
must demonstrate supervision ot' staff in accordance with the 
rules in Subchapters 4 1 S and 4 1 T. 

.Aulhorin-G.S. 131D-I0.5: 143B-153. 

.0403 PERSONNEL FILE 

The residential child care facility shall maintain a personnel 
file for each employee which includes the follovsing: 

( 1) The application for employment including the record 
of previous employment: 
Documentation of at least two references and a 



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(10) 



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criminal record check: 

Medical information required for each " aff by 

licensure standards: 

Signed contldentialin agreement if applicable: 

Position specific credentials certifications: 

Record of completed orientation and ongoing staff 

development: 

Annual performance evaluations: 

Documentation of disciplinary actions: 

Documentation of grievances filed: 

Employee's starting and termination dates; 

Reason for termination: 

Signed and dated release or notation of employ ee's 

waiver of release for future employment references: 

and 

Documentation of a driving record check, if 

applicable. 



.Authorin- G.S. 131D-10.5: 143B-153. 

.0404 PERSONNEL QUALIFICATIONS 

(a) Criminal Records Check. Applicants, employees or 
volunteers who have a historv of criminal convictions that would 
adv ersely affect their capacity and ability to prov ide care, safet^ 
and securin for the children in residence shall not be permitted 
to provide direct child care. A signed statement shall be 
obtained attesting that the applicant, employee or volunteer does 
not have such a record prior to providing direct child care. 

(b) Child .Abuse. Employees or volunteers who have a 
criminal conviction of' child abuse shall not be permitted any 
contact with children. 

(c) Driver's License. Employees or volunteers driving a 
residential child care facility vehicle must possess a valid 



(c) The director shall: 
( 1) Be responsible for the general management and 
administration of the residential child care facility in 
accordance with licensing requirements and policies 
established by the governing board: 
Interpret licensing standards, established child care 
standards and the residential child care facility's 



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sery ices to the board, the facility's constituency, other 

human serv ice agencies and the public: 

Initiate and carry out the program of residential child 

care as approved by tfie governing board: 

Report to the governing board on all phases of 

operation at least quarterly: 

Delegate authorit\ and responsibility to qualified staff 

to ensure the maintenance of the residential child care 

facilit\'s operations: 

Establish and oversee fiscal practices, present the 

annual operating budget and quarterly reports to the 

governing board: 

Evaluate, at least annually, the training needs of the 

staff: plan and implement staff training and 



I 



consultation to address identified needs: 

Employ and discharge staff and meet on a regular 

basis with administrative and management staff to 

review, discuss and formulate policies and 

procedures: and 

Supervise all staff responsible to the director's 

position and conduct an annual written evaluation 

which shall contain both a review of job 

responsibilities and goals for future job performance. 

(d) Clerical. Maintenance and Other Support Personnel. The 
residential child care facility shall employ or contract qualified 
personnel to perform all clerical, support and maintenance 
duties. 

(e) Business and Financial Personnel. The residential child 
care facility shall employ or contract personnel to perform all 
business, accounting and financial functions. 

(f) Direct Service Personnel. 

( 1 ) Direct serv ice personnel, hired after the effective date 
of these Rules, shall: 

(A) Have education or experience to meet the 
responsibilities of the job: 

(B) Have a physical examination by a licensed 
medical prov ider prior to assuming the position 
and biennially thereafter. This examination 



I 



892 



NORTH CAROLINA REGISTER 



December ]. J 998 



13:11 



PROPOSED RULES 



12} 



shall include a TB test, unless the medical 
provider advises against this test. This 
examination shall include a statement 
indicating the presence of any communicable 
disease which may pose a significant risk of 
transmission in the residential child care 
facility. After the initial examination, the cost 
of the physical examinations as required by 
licensure shall be at the expense of the facility. 

Standards for direct service personnel jn the living 

unit: 

There shall be at least one direct service 



systems and relationships, and child sexual 
abuse; 

(C) Staff employed as social workers shall be 
familiar with community resources for children 
and their families in addition to the agency's in- 
care services: and 

(D) Any duties other than social work duties 
assigned to staff employed as social workers 
shall be specified in writing and assigned jn 
accordance with the residential child care 
program. 



m 



m 



personnel assigned to every 10 children six Authority G.S. I3ID-10.5: N3B-I53. 

years of age and older and at least one direct 

care personnel assigned for every tlve children 

younger than six years of age. Supervisor. 

personnel within voice range shall be allowed 

to be included in the child to staff ratio: 

The residential child care facility shall ensure 



that direct services personnel receive 
supervision and training in the areas of but not 
limited to, first aid and CPR. child 
development. permanency planning 

methodolog>. group management, preferred 
discipline techniques, family' relations' lips. 
human sexuality; health care and socialization, 
leisure time and recreation. In addition, the 
residential child care facility shall provide 
training to direct service personnel jn 
accordance with the needs of the client 
population, including but not limited to. 
training in child sexual abuse: 
(C) The child care facility shall ensure that direct be 
service personnel recei\e supervision m food 
preparation and nutrition when meals are 



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prepared in the living unit: and 

(D) An\ duties other than direct services duties 
assigned to direct service personnel shall be 
specified in \\riting and assigned in accordance 
with the residential child care program. 

Standards for supervisor.' personnel: 

(A) There shall be at least one supervisor for every 
15 direct servic e personnel. 

(B) Supervisor, staff shall be selected on the basis 
of the knowledge, experience and competence 
required to manage direct service personnel. 

Standards for other direct service personnel: For 
residential child care facilities that emploN staff as 
social workers, the following applies: 

(A) There shall be at least one social worker 
assigned for every 16 children and, for every 
six social workers, at least one supervisor shall 
be assigned: 

(B) The residential child care facility shall ensure 
that staff employed as social workers receive 
supervision and training in the areas of but not 
limited to. child development, permanency 
planning methodology, group dynamics. famiK 



.0406 AUXILIARY SERVICES PERSONNEL 

(a) The residential child care facility shall have available 
auxiliary services provided by contract to supplement the 
program of care. These service providers may include, but are 
not limited to. consultants, contracted services for the program 
of care, maintenance of the facility, and interns or students. 

(b) Consultants shall be practitioners who are recognized by 
applicable degrees, organizations and appropriate licensing 
boards. If the residential child care facility contracts with 
consultants, the facility shall document the consultants' 
credentials. 

(c) Paid consultants shall not be in conflict of interest with the 
residential child care facility in fact or appearance. They shall 
have no direct or indirect financial interest jn the assets, 
transactions or services of the agencv 

(d) Interns or students shall meet all of the requirements 
stipulated for the position in which they are serving with the 
exception of completed education and experience. There shall 
be a yvritten agreement between the placing educational 
institution and the residential child care facility specifying 
responsibilities and supervision of the intern or student. 



Authority G.S. 131D-10.5: N3B-153. 

.0407 VOLUNTEERS 

The residential child care facility shall have a written 
description of the specific responsibilities and the provision of 
supervision of aj] volunteers. Volunteers shall: 

(1) Meet the personnel qualifications specified in 10 
NC AC 4 IS. 0404. 

Meet the qualifications and implement the duties of 
the position as specified. 

Be provided sufficient orientation, training and 
supervision to enable knowledge of the facility's 
purpose and services, the needs of children and 
families served and the role and responsibilities to be 
assumed. 
Provide two references relevant to the role and 






(4j 
(5J 



responsibilities to be assumed. 

Agree ]n writing to abide by the confidentiality 

policies of the agency. 



Authority' G.S. I3ID-1().5: N3B-I53. 



13:11 



NORTH CAROLINA REGISTER 



December 1, 1998 



893 



PROPOSED RULES 



SECTION .0500 - SERVICE PLANNING 

.0501 ADMISSION POLICIES 

(a) The residential child care facility shall have written 
admission policies which clearly define and describe the age, sex 
and type of child to be served. 

(b) The residential child care facility shall limit admissions to 
children who need out of home care apart from their families and 
for whom the facility is qualified by staff, program, buildings 
and services to give appropriate care. 

(c) in the case of private referrals, the residential child care 
facilit\ shall: 



01 



document reasonable efforts to prevent placement: 
establish that the facility' provides the least restrictive 
settin g for the child; 
(3) develop and implement a case plan with the child's 
famiK for reunification, when possible. 
(dj In the case of out ot" state referrals, the residential child 
care facilin shall not admit a child without Interstate Compact 
on the Placement ot" Children approval. 

(e) The residential child care faciliu shall provide the 
applicant a handbook of admission procedures which includes: 

( 1 ) a description of the admissions process: 

(2) the application: includin g an\ fees for ser\ ices: 

(3) the preplacement acti\ ities for the child, his parent(s). 
guardian, or legal custodian: and 

(4) an explanation of the group assigi ^ent method. 

(f) The residential child care facilits shall maintain a referral 
log which includes: 



( 1) child's name, age, sex, and race; 

(2) legal custodian; and 

(3) disposition of admission. 

Auihorin-G.S. 131D-I0.5: N3B-I53. 

.0502 ADMISSION PROCEDURES 

(a) The residential child care facility shall establish and 
implement an intake process which includes: 

( 1 ) receipt ot" an application and a face-to-face interview 
with the child, legal custodian, and familv v\henever 
possible, with a specific effort to help the child 
understand the purpose ot" and need for out of home 
care and residential services; 

(2) an exchange of information about the facilit^'s 
program and the child's needs, and to provide written 
information required in K) NCAC 4IS .0307(a) and 
10 NCAC41S .0504(aK5). 

(b) A v\ritten intake studv shall be completed for each child 
accepted into residential care which includes: 

( 1 ) circumstances that led to the need for placement, and 
the child's understanding of the placement; 

(2) assessment of family issues and justification that the 
facility meets the needs of tlie child and familv; 

(3) short term placement goals and long range permanent 
plan, including the parentis ) legal custodian's 
expectations; 

(4) description of the child's family and significant others; 
{2} description of the child's behavior; 



(6) child specific information, including: 

(A) medical history, including any current medical 
problems; ^ 

(B) developmental history and current level of ™ 
functioning; 

(C) educational history, if applicable; and 

(D) the results of current psychological testing, if 
applicable. 



Authority G.S. 131D-I0.5: I43B-153. 

.0503 ADMISSION AGREEMENT 

(a) At admission, the residential child care facility' must 
develop a written agreement between the parents or legal 
custodian and the facility which specifies the services to be 
provided by the facility and the responsibilities of the parents or 
legal custodian which includes the following: 

( 1 ) statement of consent for placement bv the parents or 
legal custodian, vyith the date of admission: 

(2) plan for providing admission information on the 
child's care, developmental, educational, medical, and 
psychological needs to tfie parentis ) or legal 
custodian, the ft'equencv of serv ice plan reviews, and 
receipt of program information required by J_0 NCAC 
41S .0307(a) and 10 NCAC 41S .0504(a)(5); 

(3) statement of facility responsibilit^ for vyorking wjth 
the child's parents; 

(4) statement related to the provision of religious training 
and practices and consent to these bv the parents or 
legal custodian; 

(5) plan for family time; 

(6) fees and plan for pavment of care; 

(7) plan for discharge to include projected length of stay; 
and 

(8) statement of facility responsibility for aftercare 
services. 

(b) For youths J_8 vears of age and older residing in the 
residential child care facility, the facilit^' shall obtain a voluntary 
placement consent signed by the vouth which specifies the 
conditions for continued residential care and services. 

Aulhorit}-G.S. 13W-W.5: 143B-I53. 

.0504 ORIENTATION 

(a) The residential child care facility shall provide 
infonnation and discuss the program policies governing the 
residential care and services of children with the child's parents 
or legal custodian and the child at or before admission, which 
include: 



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ID 

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family time, mail, gifts, personal possessions, money. 

and telephone calls and restrictions v\hich may be 

imposed on these; 

discipline and behavior management, including the 

use of searches of children's rooms and possessions; 

program of religious training and practices; 

educational resources; 

trips awav from the facility ; 

use of volunteers or visiting families, if any; 



4 



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H94 



NORTH CAROLINA REGISTER 



December /, 1998 



13:11 



PROPOSED RULES 



(7) physical restraint practices; 

(8) client rights and grievance procedures; and 

(9) daily and seasonal schedules. 

(b) The residential child care facility shall obtain the case 
plan from the count\' department of social services at or before 
admission, when the county department of social services is the 
legal custodian. In the case of a private placement, the facilit>' 
shall combine the case plan and the individualized ser\'ice plan. 

(c) The residential child care facility shall develop a v\ritten 
individualized service plan for each child within 30 da\s of 



admission. This plan shall be reviewed initialK within 60 da\ s. 
the second review shall be within 90 days of the initial review 
and the third and subsequent reviews shall be held ever\ six 
months, inviting parents, the legal custodian, if different, the 
child, as well as any individual or agenc\ designated as 
providing service to participate. 

(d) The individualized ser\ice plan shall be developed 
utilizing information from an assessment of the child's and 
family's needs and include goals based on normal developmental 
tasks and needs. The goals and objectiyes shall be based on 
identified issues, be behavioralK specific, time limited and 
measurable and include staff assignments and specific strategies 
to be taken to meet the goals in the follow ing areas: 

(1) special interests and personal goals; 

(2) intellectual, academic and vocational; 

(3) ps\chological and emotional; 

(4) physical; 

(5) social and famiK relationships; 

(6) cultural and spiritual; and 

(7) basic living skills. 

(e) A famih time plan shall be part of the individualized 
service plan for each child. 

(f) A written discharge plan shall be part of the individual 
service plan for each child. 

(g) Direct care staff shall be informed about the child's initial 
individualized ser\'ice plan and shall participate or pro\ ide input 
at the reviews as described in 10 NCAC 41$ .0504(c). 

(h) A cop\' of the child's individualized service plan shall be 
provided to the parent(s) or legal custodian. When appropriate. 
the child's individualized plan shall be provided to the 
individuals listed as providing service. An age appropriate 
version of the individualized service plan shall be written and 
pro\ ided to each child. 

£ij The child's individualized ser\dce plan review shall 
include: 

(1) an evaluation of progress towards meeting identified 
needs; 

(2) any new needs identified since the child's 
individualized service plan was de\eloped or last 
reviewed and behavioralK -specific strategies to meet 
these needs, including instructions to staff; 

(3) an update ot' the estimated length of sta\ and 
discharge plan; and 

(4) signatures of the persons participating in the review. 

Authority G.S. 1310-10.5: 143B-153. 

.0505 DISCHARGE POLICIES AND PROCEDURES 



(a) The residential child care facility shall have written 
discharge policies that will establish the guidelines for 
terminating the facility's residential care and services to the child 
and famih to include the following: 

( 1) opportunity for the parent(s) or legal custodian to be 
informed and have opportunity' to discuss the decision 
to discharge the child; 

(2) designation of a timeframe for the child to be 
discharged which allows sufficient time for the child 
and facility to prepare for departure and for 
arrangements to be made for the child's care; 

(3) discharge of a child under 18 years of age only to the 
legal custodian; 

(4) completion of a summary within 30 days of discharge, 
which includes the following: 

(A) date and circumstances of discharge; 

(B) name, address and telephone number of the 
legal custodian to whom the child shall be 
discharged; 

(C) ser\'ices provided and evaluation; 

(D) recommendations for needed services; and 

(E) provision of or referral for after care services. 

(b) Upon a child's departure, the residential child care facility' 
shall provide a copy of the child's educational, medical and 
dental records, clinval materials (as available) and other related 
miaterials. as appropriate, to the parent(s) or legal custodian. 

(c) Upon a child's departure, the residential child care facility 
shall send aH persona! clothing and belongings with the child . 

Authority- G.S. 1 31 D- 10.5: 143B-153. 

.0506 CLIENT RECORDS 

(a) The residential child care facility shall maintain a client 
record for each child which contains the following: 

( 1 ) documentation of placement authority by legal 
custodian; 

(2) completed application for services; 

(3) written placement consent and agreement; 

(4) intake study and related documents; 

(5) documentation that verifies the child's birth; 

(6) pre-admission physical examinations; 

(7) immunization records: 

(8) inter\ention plan and reviews; 

(9) wrinen ser\ ice plan and review; 

( 10) documentation of all family time, including duration, 
location both onsite and off-site, and frequency, as 
ysell as anv rationale for restrictions on family 
invoKement; 

(11) consents for release of infonnation; 

( 12) consent for emergency medical treatment; 

( 13) consents for field trips; 

( 14) ongoing record of medical and dental care; 
( 1.'') documentation of medical insurance; 

( 16) phy sical restraint and incident reports; and 

(17) discharge summary. 

(b) The residential child care facilits shall maintain client 
records for the purpose of: 

( 1) protecting the legal ri ghts of the child, the parents and 



13:11 



NORTH CAROLINA REGISTER 



December 1, 1998 



895 



PROPOSED RULES 



legal custodian, and the facility; 

(2) documenting service provision to the child and famih. 
including an evaluation of effectiveness of services 
provided: and 

(3) providing a source of information about individual 
children, as well as information for the facility m 
planning its program of care and services. 

(c) Staff entries jn client records shall be dated and either 
initialed or signed. 

Authority G.S. ]31D-U).5: 143B-153. 

SECTION .0600 - SERVICE DELIVERY 

.0601 PROGRAM POLICIES AND PRACTICES 

(a) The residential child care facility shall have a \sritten 
program description and written program policies and 
procedures. 

(b) The residential child care facility shall design a program 
to pro\ ide opportunities for positi\e learning experiences and to 
meet the needs of children and families. 

(c) The residential child care facility shall pro\ide a daih 
schedule of activities to meet the needs of children, which allo\ss 
time for pri\ac\ and indi\idual pursuits. 

(d) TTie residential child care facility shall consider each child 
an unique individual, proyidm ^ opportunities which take into 
consideration each child's ethn. and cultural backgrounds. 

(e) The residential child care facility shall give each child 
individual attention and nurturing. 

tf) The residential child care facility shall provide each child 
with the opportunity to have interaction with adults and children 
of both se.xes. 

(g) The residential child care facility shall instruct and 
super\ise each child in personal care, hv giene. and grooming 
appropriate for the age, sex, race and developmental capacity of 
the child. 

(h) The residential child care facility shall ensure that each 
child has normal contacts in the community in which the facility 
is located through participation in e\ents such as. but not limited 
to. school functions, recreational facilities, church \outh groups, 
part-time paid emplo\ment. community ser\ice and \olunteer 
work. An exception shall be made when communit\ contact js 
inconsistent with the program design. 

(i) The residential child care facility shall encourage each 
child to form friendships with children outside the facility, to 
visit friends in the community, and have their friends \isit them 
at the facility. An exception shall be made when contact with 
friends is inconsistent with the program design or ser\ ice plan. 

(i) The residential child care facility shall provide residents 
with access to telephones to maintain contact with friends and 
family members. 

(k) The residential child care facility shall maintain a log of 
children jn residence which includes: 

( 1 ) child's name, age, sex and race: 

(2) name of legal custodian: and 

(3) dates of admission and discharge. 

Auihorm-G.S. 131D-10.5: 143B-I53. 



i 



.0602 FAMILY INVOLVEMENT 

(a) The residential child care facility shall have written 
policies and procedures regarding family involvement whic 
support and encourage families to participate jn planning! 
communication and family time. 

(b) Family involvement shall include: 

( 1 ) Planning. The facility shall afford family members 
opportunities to participate in planning events for 
their child and themselves. 

(2) Communication. The fa cility shall allow children to 
send and receive unopened mail and to have telephone 
conversations with parent(s) or other family members. 
An exception shall be made if it is determined that the 
child's best interest, individualized service plan or a 
court order necessitates restrictions. 

(3) Family Time. The facility shall afford children and 
family members opportunities for familv time, based 
on the purpose of placement and jn support of the 
child's goals. 

Authority G.S. 131D-10.5: 143B-153. 

.0603 VISITING RESOURCES 

(a) The residential child care facility shall have written 
policies and procedures regarding visiting resources, which 
include that: 

be 



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no financial support shall be paid to the visiting 

resource: 

written consent shall be obtained from each child and 

each legal custodian prior to a visit: 

resources, support and supervision shall be provided 

to ensure the needs of the child are met during the 

visit: 

responsibiliu for the child during visits with the 

visiting resource shall be retained b\ the facilirv: 

the child's interests, needs, and welfare as identifie d 

in the child's individualized service plan shall be 

assessed by the facility in determining a visiting 

resource: 



< 



prior to an overnight \ isit. \ isits betw een the \ isiting 
resource and the child shall be arranged to occur both 
at the agency and at the home of the visiting resource: 
and 

orientation to foster care, training on the rspes of 
children served and information on the child for 
whom they will be providing care shall be provided, 
(b) The residential child care facility shall conduct an initial 

assessment of each visiting resource and subsequent annual 

assessments, which include: 

( 1 ) a home \ isit to ensure the building is safe and in good 
repair: 

a completed application: 
a brief social history, including an evaluation of 



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parenting skills and abilities: 

(4) an a greement signed beuveen the v isiting resource and 
the facility, which specitles the responsibilities of 
each: 

(5) three references affirming the visiting resource's 



( 



896 



NORTH CAROLINA REGISTER 



December I, 1998 



13:11 



PROPOSED RULES 



\ 



parenting skills and abilities; 

(6) local criminal record checks on adult members 
residing in the home; and 

(7) documentation that the visiting resource's residence is 
located within a 50 mile radius of the facility or of the 
r eason the visiting resource is beyond the 50 mile 
radius. 

Authorin-G.S. 131D-W.5: N3B-153. 

.0604 HEALTH SERVICES 

Medical Program. 

(1) Medical Requirements for Admission. 

(a) No child shall be accepted into a residential 
child care facility without having had a 
physical examination within six months prior 
to admission, which shall include a signed 
statement by a licensed medical provider 
specifying the child's medical condition and 
medications prescribed and indicating the 
presence of an\ communicable disease which 
may pose a significant risk of transmission in 
the facility. If a child is in the custodx of a 
department of social services, is already 
scheduled to have and is having a physical 
completed annualK. and is entering a facility, 
the schedule of annual physicals shall not be 
changed. A cop> ot' tfie most recent physical 
shall be obtained from the responsible 
department of social services by thte facility. 

(b) A child admitted to a residential child care 
facility shall be immunized against diphtheria, 
tetanus, whooping cough, poliomyelitis, red 
measles (rubeola), rubella, mumps, and any 
other disease as required by 15A NCAC 19A 
.0400. as age appropriate, prior to admission. 
The facility shall obtain documentation of 
immunization. A copy of 15A NCAC 19A 
.0400 may be obtained from the Office of 
Administrative Hearings. PO Dra\\er 27447. 
Raleigh. North Carolina. (919) 733-2678. at a 
cost of two dollars and fifty cents ($2.50) at the 
time of adoption of this Rule. 

(2) Routine Medical Care. 

(a) Arrangements shall be made \\ ith one or more 
licensed medical providers or medical clinics 
and with at least one dentist for the care of the 
children. 

(b) Each child shall have a physical examination at 
least once a year and more often as needed. A 
child shall not be allowed to participate in 
activities that pose unreasonable risk to his 
health. Any illness, disease or medical 
condition of a child shall be identified and 
treated promptly through proper medical care. 
Children shall have a psychiatric or 
psychological examination or both when 
indicated and treatment when indicated. 



(c) Children must have had a dental examination, 
by a licensed dentist, within one year prior to 
admission or arrangements must be made for 
an exam within six weeks after admission and 
annually thereafter. The facility shall 
document dental services in the child's record. 

(d) The facility shall instruct direct child care staff 
on medical care which may be given by them 
without specific orders fi'om a licensed medical 
provider. The facility shall instruct direct child 
care staff in ttie procedures for obtaining 
medical care beyond home health care and 
handling medical emergencies. 

(3) Hospital Care. The residential child care facility shall 
arrange with a hospital for the admission of children 
from the facility in tlie event of serious illness or 
emergency. 

{4} First Aid. 

(a) The residential child care facility shall obtain a 
mouthpiece, utilize universal precautions and 
other precautionary equipment for 
administering CPR for the children in 
residence. 

(b) The residential child care facility shall ensure 
that first aid kits are available for immediate 
use in each living unit, recreation area and in 
vehicles used to transport children. 

15} On-Site Health Care. 

(a) The residential child care facility shall not 
engage in any home health care practices that 
conflict with the control measures for 
communicable diseases in 15A NCAC 19A 
■0200. A copy of 15A NCAC 19A .0200 may 
be obtained from the Office of Administrative 
Hearings. PO Drawer 27447. Raleigh. North 
Carolina. (919) 733-2678. at a cost of two 
dollars and fifty cents (S2.50) at the time of 
adoption of this Rule. 

(b) Direct child care staff shall be able to 
recognize common symptoms of illnesses in 
children and be alert to any infectious 
condition and take proper precautions to 
prexent the spread of such a condition. 

(c) Direct child care staff shall be able to provide 
home health care. A thermometer shall be kept 
available for use. When there is risk of 
transmission, arrangements shall be made for 
isolation and attendant care of a child with a 
communicable disease. 

(d) Prescription medications shall be administered 
only when approved by a licensed medical 
provider. 

(e) All medicines, prescription and non 
prescription, shall be stored in a locked cabinet, 
closet or box not accessible to children. 

(6) Medical Records. Each child shall have a medical 
record which contains: 
(a) Written consent from the legal custodian or 



13:11 



NORTH CAROLINA REGISTER 



December 7, 199)^ 



897 



PROPOSED RULES 



parent authorizing routine medical and dental 
treatment and emergenc\ treatment. 

(b) A medication log whicii documents all 
medications dispensed. 

(c) The preadmission ph\sical examination- 
immunization records, and records of ongoing 
medical and dental care and examinations 
received, including but not limited to 
hospitalizations, significant illnesses or 
accidents and treatment pro\ ided. 

AurhonnG.S. 131D-W.5: 143B-153. 

.0605 ROL TINE ASPECTS OF HEALTH, 

PERSONAL HYGIENE, AND SAFETY 

(a) Infection Control. Staff shall receive training in and 
routineK appK general infection control measures and 
procedures which shall include, but are not limited to. Lini\ersal 
Precautions specified b\ the Centers on Disease Control. U.S. 
Department of Health and Human Services. Public Health 
Ser\ices. Atlanta. Georgia. A cop\ of general infection control 
procedures ma\ be obtained from National Technical 
Infonnation Services. 5285 Part Ro\al Road. Springfield. 
Virginia. 22161. (703) 487-4650. at a cost of se\en dollars 
(S7.00) at the time of the adoption of this Rule. 

(b) Sleep. Each child in a residential child care facility shall 
ha\e enough sleep f hjs age at regular and reasonable hours 
and under conditions conduci\e to rest. 

(c) H\giene. Children shall be taught and helped to keep 
themseKes clean. Thex shall recei\e training in aU aspects of 
personal h\ giene. 

(d) Toilet Articles. 

(1) Each child shall have his own toothbrush, comb- 
towel and wash cloth and his own separate place for 
keeping these personal articles. 
Towels, wash cloths, and bed linens shall be changed 



121 



weekly or more often as required by good h\ giene. 



AuthorinG.S. 131D-10.5: 143B-I53. 

.0606 NUTRITION 

(a) Meals ser\ed must meet nutritional requirements as 
advised by the National Research Council (Recommended Daih 
Dietan .-Xllowances). 

(b) An\ modified food needs of an individual child shall be 
provided under the direction of a licensed medical provider or a 
registered dietitian or nutritionist. 

(c) Menus shall be planned by or in consultation with a 
registered nutritionist or dietitian at least once per \ear The 
facility shall obtain documentation of consultation. 

(d) Staff who eat with children shall be served the same food 
except for tea and coffee. An exception shall be made if 
differences in age or special dietary needs are factors. 

AuthorinG.S. 131D-10.5: I43B-153. 

.0607 HEALTH EDLC.^TION 

The residential child care facilirv shall develop and implement 



a plan for the provision of health education to include but not be 
limited to health, human sexuality, substance abuse, smoking. 
and prevention of sexualK transmitted diseases. The healtl^ 
education plan shall be documented. ' 

AuihorlnG.S. 131D-W.5: 143B-153. 

.0608 EDUCATIONAL AND VOCATIONAL 
SERVICES 

(a) The residential child care facility shall ensure that each 
child of school age is provided an education in accordance with 
the public school laws or the nonpublic school laws of North 
Carolina. 

(b) The residential child care facility shall make provisions 
for remedial educational assistance as indicated bv the needs of 
the children. 

(c) The residential child care facility shall hav e a policv about 
serving children who are temporarily or permanently not 
attending school. 

(d) The residential child care facility shall have a written 
policv for providing vocational and life skills education if 
applicable to the population sery ed. 

Authorin- G.S. 131D-10.5: 143B-153. 

.0609 RECREATION AND LEISURE ACTIVITIES 

(a) The residential child care facility shall develop a written 
schedule of planned recreational, leisure, or physical exercise 
activities with input from both staff and children which meets 
their dev elopmental needs, which shall be posted in each cottage. 

(b) The residential child care facility shall provide a variety 
of indoor and outdoor, individual and group recreational 
opportunities, with suitable space and competent adult 
supervision, appropriate to the age, interests, and needs of each 
child. 

(c) The residential child care facility shall provide 
recreational opportunities for children to play with children of 
both genders. An exception shall be made when the program 
cares for only one gender. 

(d) The residential child care facilin shall have an 
individualized plan for anv child who has special recreational 
needs. 

Authorin- G.S. 131D-10.5: 143B-153. 

.0610 RELIGION AND SPIRITUAL DEVELOPMENT 

(a) The residential child care facility shall have vsritten 
policies and procedures on religious training and practices and 
shall p rovide these policies to children and their parents or legal 
custodians prior to admission. 

(b) The residential child care facility shall develop a plan for 
each child to meet the child's spiritual needs vshich takes into 
account the parent's or legal custodian's position regarding a 
child's religious participation. 

(c) The residential child care facility shall have written 
policies and procedures which include that each child is free 
from coercion with regard to religious decisions. 



I 



I 



898 



\ORTH C.4ROLI.\A REGISTER 



December 1. 1998 



13:11 



PROPOSED RULES 



Aitlhorit}' G.S. 131D-10.5: 143B-153. 

.0611 PERSONAL POSSESSIONS AND MONEY 

(a) The residential child care facility shall allow each child to 
bring and acquire personal belongings, but shall retain the option 
to supervise or limit the use of these items while the child is in 
care. 

(b) The residential child care facility shall ensure that each 
child has clean, well-fitting, attractive, seasonal clothing 
appropriate to the age, sex and individual needs of each child. 

(c) The residential child care facility shall ensure that each 
child has individual items necessary for personal hygiene and 
grooming. 

(d) The residential child care facility shall provide 
opportunities for each child to learn the value and use of money. 

(e) The residential child care facility shall provide security 
measures for each child's money separate fi'om the agency's 
financial accounts. 

Authority- G.S. 131D-10.5: 143B-153. 

.0612 WORK 

(a) The residential child care facility shall provide 
opportunities for each child to learn the value of work, and the 
development of good work habits. 

(b) The residential child care facility shall compK \\'\x\\ the 
provisions of the NC Wage and Hour Act concerning age. 
abilities, hours of labor and hazardous occupations in the 
assignment of work to children. 

(c) The residennal child facility shall not substitute children 
for employed staff in assigning work. 

(d) The residential child care facility shall not require children 
to be solely responsible for an\' major phase of operation or 
maintenance of the home such as cooking, laundering, 
housekeeping, fanning, or repair work. 

(e) The residential child care facility shall not require a child 
to work for the purpose of paving the facility for his cost of care 
except when an older child moving toward self-support enters 
into a contract with the facilits in which he is paid for his work 
and assumes a gradual degree of responsibilits- for his own 
needs. 

(f) The residential child care facilits' shall provide children 
who are on work assignments with adult supervision. 

(g) The residential child care facilits' shall ensure that 
children's work assignments do not interfere with school, 
recreation, study period, adequate sleep, community contacts and 
family time. 

Authority G.S. 131D-10.5: 143B-153. 

.0613 DISCIPLINEAND BEHAVIOR MANAGEMENT 

(a) The residential child care facility shall haye written 
policies and procedures on discipline and behavior management 
which shall be provided to and discussed with all children. 
parents or legal custodians, which include: 

(1) Proactive means for interacting with and teaching 
children ^hich emphasize praise and encouragement 
for exhibiting self control and desired behavior: and 



(2) Methods for protecting children and others when a 
child is out of control. 

(b) The residential child care facility shall implement 
standards for behavior which are reasonable and 
developmentally appropriate. 

(c) The residential child care facility shall not engage in 
discipline or behavior management which includes: 

(1) Corporal/physical punishment; 

(2) Cruel, severe, or humiliating actions; 

(3) Discipline of one child by another child; 

(4) Denial of food, sleep, clothing or shelter; 

(5) Denial of family contact, including family time, 
telephone or mail contacts with family; 

(6) Assignment of extremely strenuous exercise or work; 

(7) Verbal abuse or ridicule; 

(8) Chemical, mechanical, or physical restraints except as 
specified in 10 NCAC 41S .0614(e); or 

(9) Locked rooms. 

(d) The residential child care facility shall prohibit isolation 
as a behavioral control measure except when the facility 
provides it in an unlocked room within hearing distance of a 
staff member and the length of time alone is appropriate to the 
child's age and stages of development. 

(e) If physical restraints are used, the residential child care 
facility' shall have written policies and procedures on the types 
of and use of ph\sical restraints which shall be discussed with 
each child, parents or legal custodian prior to or upon admission. 
The facility shall train and supervise staff m the safe use of 
physical restraint. The facility shall documents each incident of 
ph\sical restraint on an incident report which shall be filed in the 
child's record. The facility shall assign supervisory staff to 
revieyv and initial each incident report within 24 hours of the 
physical restraint to evaluate that the correct steps were followed 
by the direct child care staff who applied the physical restraint. 

Authority G.S 131D-10.5: 1438-153. 

.0614 INCIDENT REPORTS 

(a) The residential child care facility shall have written 
policies and procedures for reporting critical incidents. 

(b) The residential child care facility shall document critical 
incidents, including accidents or injuries to the child, acts of 
physical aggression by children, use of physical restraints by 
staff, and children who run away from the facility, which 
include: 

Name of child or children inyolyed; 



ill 
(2j 

01 

01 

16] 
01 

18J 



Date and time of incident; 

Brief description of incident; 

Action taken b\ staff; 

Need for medical attention, if needed; 

Name of staff involved and person completing the 

report; 

Name of child's legal custodian notified and date and 

time of notification; and 

Signature of supervisory or administrative staff 

review ing the report. 



.Authority- G.S. 131D-1Q.5: 143B-153. 



13:11 



NORTH CAROLINA REGISTER 



December /, 1998 



899 



PROPOSED RULES 



.0615 SEARCHES 

(a) The residential child care facility shall have written 
policies and procedures on conducting searches of children's 
rooms and possessions which shall be discussed with each child. 
their parents or legal custodian prior to or upon admission. 

(b) The search policies and procedures shall include: 

( 1 ) Circumstances under which searches are conducted: 

(2) Personnel authorized to conduct searches: and 

(3) Pro\ision for documenting searches and informing 
super\isor\ personnel of searches. 

AuthorinG.S. 131D-10.5: 143B-153. 

SECTION .0700 - BUILDINGS, GROUNDS AND 
EQUIPMENT 

.0701 REQUIREMENTS FOR APPROVAL 

(a) Floor plans for new residential child care facilities 
housing six or fewer children all of whom are able to e\acuate 
the facility without assistance must be submitted to and appro\ed 
by the Division of Social Services. Children's Services Section 
as a condition for licensure, prior to beginning ser\ ice operation. 

(b) Floor plans for ne\s and renovated existing residential 
child care facilities housing as manv as seven and fevser than 10 
children and for residential child care facilities housing six or 
fewer, nr more than three of whom are unable to evacuate the 
facility w_ "out assistance, must be submitted to and approved bv 
the Department of Health and Human Services. Division of 
Facility Services. Construction Section prior to beginning 
construction. 



facility must compiv with all applicable local zoning regulations 
and local and state building codes. 

AuthorinG.S. 131D-I0.5: 143B-153. 

.0703 APPLICABLE BUILDING CODES 

(a) Nevviv constructed buildings to be used for residential 
child care purposes must meet the requirements of the North 
Carolina State Building Code for the tvpe of occupancy for 
which the building is to be used. The North Carolina State 
Building Code is hereby incorporated by reference including 
subsequent amendments and additions. The North Carolina 
State Building code mav be obtained from the North Carolina 
Department of Insurance. Code Council Building. 410 North 
Boy Ian Avenue. Raleigh. North Carolina. 27603 at a cost of one 
hundred eighteen dollars (SI 18.00). 

(b) Residential child care facilities keeping 10 or more 
children must meet requirements for INSTITUTIONAL 
UNRESTRAINED OCCUPANCY of the North Carolina State 
Building Code and Volume 1-C requirements for handicapped 
accessibility. 

(c) Residential child care facilities keeping as manv as seven 
and fewer than 10 unrestrained children must meet the 
requirements of the North Carolina State Building Code Volume 
1 for "RESIDENTIAL CARE FACILITIES." 

(d) Residential child care facilities keeping six or fewer 
unrestrained children with no more than three unable to evacuate 
the facility without assistance must meet the North Carolina 
State Building Code Volume \ for "RESIDENTIAL CARE 
FACILITIES." 



4 



I 



(c) Preliminary and final construction drawings for new 
facilities, conversions of existing facilities, or renovations of 



(e) Residential child care facilities keeping six or fewer 

. unrestrained children who are able to evacuate the facilit\ 

existing facilities housing 10 or more children must be submitted without assistance must meet the North Carolina State 



to and approved by the Department of Health and Human 

Services. Division of Facility Services. Construction Section 

prior to beginning construction. Three sets of drawings must be 

submitted to the Construction Section for their review and 

distribution to the Division of Environmental Health and the Authorin- G.S. I3ID-10.5: 143B-153. 

Department of Insurance. 

(d) When a question arises in determining whether an existing 
building used for child care purposes meets the requirements of 
the North Carolina State Building Code, an interpretation must 
be obtained by submitting a floor plan of the building, together 
with details of construction, to the Department of Health and 
Human Services. Division of Facility Services. Construction 
Section. 

Authorin- G.S. 131D-I().5: 143B-153. 

.0702 CONSTRUCTION AND RENOVATION 

(a) Construction plans for new, reconstructed or renovated 
buildings must be compatible with the residential child care 
function of the facility and its program needs. A residential 
child care facility must not have two unrelated types of 
occupancy jn the same building. 

(b) The construction of a new residential child care facility. 
the conversion of an existing building for residential child care 



Residential Building Code Volume VII. 

(f) Mobile homes. v\hether mobile or permanently situated, 
shall not be used for residential child care facilities. 



.0704 FIRE AND BUILDING SAFETY 

(a) Each building shall have a non-p ay telephone available at 
all times. Emergency telephone numbers shall be posted at the 
telephone. 

(b) Care must be exercised by the staff [n allowing children 
to use matches or to handle combustible materials. 

(c) Emergency plans and fire evacuation plans approved by 
the local fire authority must be developed and posted on each 
floor of each building. 

(d) Fire drills must be held monthly at different times during 
the dav and quarterly at night for both children and staff 
Documentation of fire drills must be kept. 

(e) The staff and children residing in a facility must be traine d 
in the proper reporting ot" a fire and the wavs of escaping from 
a fire. New residents must be instructed within the first day 
upon admittance. 

(JQ For every 2.500 square feet of floor area or portion thereof 
and for each floor there must be at least one tire extinguisher 



I 



purposes, or the remodeling of an existing residential child care Fire extinguishers must be provided jn accordance vsith the 



900 



NORTH CAROLINA REGISTER 



December L 1998 



13:11 



PROPOSED RULES 



standards of the National Fire Protection Association Standard 
for Portable Fire Extinguishers NFPA Number 10. They must 
be inspected annually and kept charged and filled at all times in 
' accordance with NFPA Number 10. NFPA Number 10 is 
hereby incorporated by reference including subsequent 
amendments and additions. The NFPA Number 10 may be 
obtained from NFPA, JJ. Tracy Drive. Ayon, Massachusetts. 
02322 at a cost of twenty four dollars and seventv-fiye cents 
($24.75). 

(g) For seven or more residents, each floor level must be 
separated from other floors in accordance with the requirements 
of the applicable building code, and by not less than walls and 
a solid core, self-closing. 20 minute fire-rated door. 

(h) Each floor level must be provided with a minimum of two 
remotely-located exits. 

£i} Fire exits and all exit-access paths including doors, 
hallways, and stairs, must be well lighted and kept clear of 
obstructions. 

(i) No locks shall be installed on exit or room doors which 
would prevent occupants from getting out of the building by the 
simple operation of a single knob or lever. 

(k) Emergency lighting must be provided for exiting from the 
building. 

(Ij Windows in children's bedrooms must be openable without 
the use of keys or special tools. 

(m) Fire alarm and smoke detector systems must be installed 
in each child care facility in accordance with the North Carolina 
State Building Code, be aucble throughout the building, be kept 
in working order and be readily identifiable by the staff and 
children. 

(n) All electrical and heating equipment must be listed by a 
recognized testing agency; the electrical wiring in the building 
must conform to the requirements stated in the National 
Electrical Code for the applicable occupancy. The National 
Electrical Code is hereby incorporated by reference including 
subsequent amendments and additions. The National Electrical 
Code may be obtained from the Department of Insurance. Code 
Council Section. 410 Boylan Avenue. Raleigh. North Carolina 
27603 at a cost of fort\-five dollars ($45.00). 

(o) Hot water at fixtures used by residents for bathing or 
hand-washing must be maintained at a minimum of 100 degrees 
Fahrenheit and a maximum of not more than 1 16 degrees 
Fahrenheit. 

Authority G.S. 131D-10.5: I43B-153. 

.0705 GENERAL SANITATION 

(a) The water supply, sewage disposal, solid waste disposal, 
and food service must meet applicable rules of the Commission 
of Health Services. 



(b) Kitchens providing food service to 13 or more children 
must meet the requirements of "Rules Governing the Sanitation 
of Hospitals. Nursing Homes. Rest Homes. Sanitariums, and 
Educational and Other Institutions" adopted by the Commission 
of Health Services in 15A NCAC 18A .1300. 

(c) Kitchens providing food service to no more than 12 
children must meet the requirements of "Rules Governing the 
Sanitation of Residential Care Facilities" adopte d by the 



Commission of Health Services in 15A NCAC 18A .1300. 

(d) Laundry facilities must be provided. 

(e) To assure compliance with all local and state sanitation 
regulations, construction plans for seven or more residents for a 
new child care facility, renovations of an existing building for a 
child care facility, or the reconstruction of an existing child care 
facility must be submitted to and approved by the county health 
department in which the facility is located. 

Authority G.S. 13ID-10.5: 143B-153. 

.0706 BATHING AND TOILET AREAS 

(a) Facilities licensed for the first time after the effective date 
of Subchapters 41S and 4 IT. shall provide at least one toilet, one 
lavatory with hot and cold water, and one tub or shower with hot 
and cold water must be provided for each six children or fraction 
thereof. For children under five years old a tub must be 
provided. 

(b) Toilet and bathing facilities for direct care staff must be 
separate from facilities used by children living in the facility. 

(c) Bathrooms must be located as conveniently as possible to 
the children's bedrooms. 

(d) The entrance to a bathroom must not be through another 
resident's bedroom or bathroom. 

A uthority G.S. 13 ID- 10. 5: 1 43B- 1 53. 

.0707 SLEEPING AREAS 

(a) Bedrooms m existing facilities licensed before October 
31. 1977 must provide a minimum of 60 square feet of floor 
space for each child in multi-occupancy bedrooms and a 
minimum of 80 square feet of floor space in single-occupancy 
bedrooms. Floor area shall not include closets or wardrobes. 

(b) Except as provided in Paragraph (c) of this Rule, 
bedrooms in facilities licensed or developed after October 31. 
1977 must provide a minimum of 80 square feet of floor space 
for each child in multi-occupancy bedrooms and a minimum of 
100 square feet of floor space m single-occupancy bedrooms. 
Floor area shall not include closets or wardrobes. 

(c) Bedrooms in facilities housing children with a maximum 
stay of not more than 15 da\'s must provide a minimum of 60 
square feet of floor space for each child in multi-occupancy 
bedrooms and a minimum of 80 square feet of floor space in 
single-occupancy bedrooms. Floor area shall not include closets 
or wardrobes. 

(d) The only door access to a bedroom must not be through 
another bedroom. 

(e) No child may share a bedroom with a staff member. 

(f) No bedroom shall house more than four children. 

(g) Children of different sexes more than fiye years of age 
must not share a bedroom. 

(h) Each child must have a bed of his or her own. 

[i] Bunk beds shall be limited to no more than one bed above 
the other bed at least four feet apart vertically. 

IjJ Beds must be at least three feet apart at the head, foot and 
sides; bunk beds must be at least five feet apart, horizontally. 

(k) Each bed must be provided with a mattress in good repair. 

£ij No day-bed, convertible sofa or other bedding of a 



J 3: J] 



NORTH CAROLINA REGISTER 



December 1, 1998 



901 



PROPOSED RULES 



temporary nature rnav be used. 

(m) Bedrooms must be provided with a minimum of 48 cubic 
feet of closet or wardrobe space per child and four cubic feet of 
dra\s er space per child. 

(n) Each bedroom must be prov ided \\ ith window area equal 
to eight percent of the floor area of the room. 

AuthorinG.S. 131D-1U.5: 143B-153. 



nuisance to neighbors. 

(f) Fences must be kept in good repair. 

(g) Areas determined to be unsafe, including but not limited 
to. steep grades, cliffs, open pits. s\s imming pools, high voltage 
boosters, and high-speed roads, must be fenced off or have 
natural barriers to protect children. 

(h) Pla\ and recreational equipment must be located. 
installed, and maintained to ensure the safety of children. 



i 



.0708 LIVI.NG/ACTIVITY AREAS 

(a) The liv ing activ it\ areas must be accessible from an 
outside entrance v\ithout going through sleeping, food service, 
or food preparation areas. 

(b) A minimum total living area of 200 square feet or 40 
square feet per child, vvhichev er is greater, must be pro\ ided. 

(c) Each required liv ing activ it\ room must be prov ided with 
window area equal to eight percent of the floor area of the room. 



Authority GS. 13ID-10.5: 143B-153. 

.0712 INSPECTIONS 

The residential child care facility must request and obtain 
inspections at least annually from the local sanitarian and from 
the local building inspector or fire inspector. Reports of such 
inspections must be submitted to the Division of Social Services. 

Aiahorm- G.S. 131D-10.5: 143B-153. 



Authorm- G.S. I31D-I0 5: 143B-153. 

.0709 DINING AREAS 

(a) A minimum dining area of 120 square feet or J_4 square 
feet per child, vvhichev er is greater, must be prov ided conv enient 
to the kitchen. 

(b) Each dining room must be provided with window area 
qual to eight percent of the floor area of the room. 

Authority- G.S. 13ID-10.5: 143B-153. 

.0710 HE.\T, LIGHT AND VENTILATION 

(a) Heat. Heating equipment must be prov ided that maintains 
the temperature vn the facilit^ at no less than 65 degrees 
Fahrenheit. 

(b) Ventilation. 

( 1) Living rooms, dining rooms and bedrooms shall have 
openable windows to the outside. 

(2) Rooms including toilets, baths, and kitchens, w ithout 
openable windows must have mechanical ventilation 
to the outside. 

(c) .^ir conditioning or at least one fan per bedroom, living, 
and dining area must be prov ided when the temperature in the 
facilit\ exceeds 85 degrees Fahrenheit. 

Authorit}G.S. 131D-10.5: 143B-153. 

.0711 EXTERIOR SPACE 

(a) Outdoor recreational space must be prov ided. 

(b) .All structures on the grounds of the facilit^ accessible to 
children must be free from hazards to health or safety. 

(c) The grounds of the facility and the outdoor recreational 
space must be maintained free from any hazards to health or 
safety, 

(d) Garbage and rubbish which js stored outside must be 
stored securely in non-combustible, cov ered containers and must 
be removed on a regular basis. 

(e) Trash collection receptacles and incinerators must be kept 
separate from plav areas and must be located to avoid being a 



.0713 VEHICLES USED FOR TRANSPORTATION 
OF CHILDREN 

(a) Vehicle Requirements. 
( 1 ) Vehicles must compK with aU motor vehicle laws and 
regulations for the State of North Carolina. 



01 






.Motor vehicles must be maintained in a safe operating 
condition, must be properly registered, and must hav e 
a current, valid inspection sticker for the State of 
North Carolina. 
A first-aid kit must be in all motor vehicles. 



< 



The bed of an open bodv or a stake bed vehicle must 
not be used for transporting children. 

(b) Driver Requirements. The names of and a photostatic 
copy of a valid driver's license for each person transporting 
children shall be maintained [n a separate file. 

(c) Safety Practices. 

( 1 ) The interior of each vehicle must be maintained in a 
clean and safe condition with clear passage to 
operable doors. 

(2) The driver must assure that all passengers follow 
current North Carolina lavss regarding seat belt usage 
and shall adhere to child passenger restraint laws 
when transporting children. 

(3) The driver shall not transport more persons, including 
children and adults, than allov\ed by the design 
capacity of the vehicle. 

(4) Children shall not be transported for more than four 
continuous hours without a minimum of 30 minutes 
rest stop. 

(5) Children shall not be transported for more than J_0 
hours in any 24 hour period. 

(d) Transportation Records. Insurance verification and the 
vehicle identification certificate must be kept in the vehicle m 
accordance vn ith State law. 

(e) Insurance. If the residential child care facility's 
transportation serv ices are provided by a private individual, a A 
firm under contract, or bv another arrangement, the facility must ▼ 
maintain a fije copy of the individual's or firm's insurance 
coverage. 



902 



.\ORTH CAROLI.\A REGISTER 



December 7, 1998 



13:11 



PROPOSED RULES 



(jQ Emergency Transportation. The residential child care 
facility' must have a plan for transporting children in case of an 
emergency. 



Authority G.S. 131D-10.5: N3B-I53. 

SUBCHAPTER 41T - MINIMUM LICENSING 

STANDARDS FOR SPECIALIZED RESIDENTIAL 

CHILD CARE PROGRAMS 



SECTION .0100 



CHILDREN'S FOSTER CARE 
CAMPS 



.0101 APPLICABILITY 

In addition to the rules in K) NCAC 4 IS. the rules jn this 
Subchapter shall apply to al] persons licensed or seeking 
licensure for a children's foster care camp as defined jn 10 
NCAC 4 IS. 0201. 



.0105 SERVICE DELIVERY 

(a) An itinerary shall be on file at camp for any off-campus 
activity lasting longer than 24 hours. The itinerary shall include 
participants' names, daily schedule, list of check-in points, 
selected routes and telephone numbers of emergency resources 
along each route (sheriffs, hospitals, rescue squads). 

(b) Education. 

(1) Each camp shall provide an alternative education 
experience and the educational program shall comply 
with the special education requirements of the 
Department of Public Instruction; or. each camp must 
be registered as and meet the requirements for a non- 
public school. 

(2) Education in a camp setting must be monitored and 
evaluated pursuant to either public or non-public 
school educational testing requirements to determine 
the child's achievement level. 

Authoht\- G.S. 131D-10.5: N3B-153. 



.Authority G.S. 131D-10.5: 143B-153. 

.0102 ADMISSION CRITERIA 

in order to be considered for admission into a foster care 
camp, r. child shall meet the following criteria: 

( 1 ) be between the ages ot" eight and \1_ years old; 

be phNsically able to participate in a camping 

experience; and 

voluntarily consent to admission. 



t2j 



recognizingi'understanding the need for a therapeutic 
camping experience. 



Authority G.S. 131D-10.5: 1433-153. 

.0103 PERSONNEL 

(a) Direct service personnel and supervisory personnel, in 
addition to supervision and training specified in 10 NCAC 41 S 
.0405(d). shall be provided supervision and training in the 
following areas: 

(1 ) rescue evacuation, updated everN three years; and 

(2) basic emergency water safeU course, with 
certification documented in tlie camp files and 
updated every three years. 

(b) There shall be a minimum of two counselors with 
certification in Basic Rescue and Water Safety for each 10 
children participating in activities involving water, including, but 
not limited to: swimming, boating, canoeing, and rafting. 

Authority G.S 131D-10.5: 143B-153. 

.0104 SERVICE PLANNING 

Each child shall have a medical assessment, within 60 days 
prior to admission, documenting the child's abilin to participate 
in the activities of a therapeutic camping experience in an 
outdoor setting. 

Author it\- G.S. 1 31 D- 10. 5: 143B-153. 



.0106 BUILDINGS AND GROUND EQUIPMENT 

(a) Facilities. 
(1) All sleeping units must provide at least the following 
space: 

(A) 50 square feet p er person; 

(B) Three feet between the head, feet and sides of 
beds and sleepers; and 

(C) 30 inches between sides of beds. 



£4] 



All camper sleeping facilities shall be limited to one 
level structures. 

Any structure, sleeping or otherwise, with an 
occupancy of more than 12 persons, including staff, 
shall have at least two separate and independent 
means of exit. 



Open flame lighting shall not be used in sleeping 
shelters for lighting and heating. 

(b) Grounds: 

(1 ) There shall be potable water available at each camp 
site. 

(2) At each children's camp there shall be provided a 
minimum of: 

(A) one shower head for each 20 children; 

(B) one flush toilet for each 20 children; 

(C) one urinal for each 30 male children (urinals 
may not be substituted for flush toilets); 

(D) one handwashing facility, adjacent to toilet 
facilities, for each 20 children; and 

(E) a wilderness latrine facility approved pursuant 
to tlie rules of tjie Commission of Health 
Services. 

(c) Equipment: 

(1) Laundry facilities or equipment shall be available at 
each camp for all staff and children. 

(2) Gasoline, kerosene, and other flammable materials 
shall be stored in covered safe containers plainly 
labeled as to content. 

(3) Power tools: 



(A) All power tools, including mowers and 



13:11 



NORTH CAROLINA REGISTER 



December 1, 1998 



903 



PROPOSED RULES 



trimmers, must have safety devices and be used 
according to manufacturer's instruction- 
maintained in good repair, and used onh' by 
those persons trained and experienced in their 
safety. 

(B) Campers shall receive safet\ instructions 
before using such equipment. 

(C) When campers are using such equipment, a 
trained and responsible adult must be present. 

(D) All pouer tools shall be stored in a locked 
place not occupied bN' children \shen not in use. 

(4) Fire extinguishers must be available in al] areas so 
designated by fire safetN officials and shall be 
properly charged and have a current inspection label. 



Aiithorin- GS. 131D-10.5: 143B-153. 

SECTION .0200 - EMERGENCY SHELTER CARE 
PROGRAM 

.0201 APPLICABILITY 

in addition to the rules in 10 NCAC 41S. the rules in this 
Subchapter shall appK to aU persons licensed or seeking 
licensure for an emergencx shelter care program as defined in 10 
NCAC 4 IS. 0201. 

Authority G.S. 131D-W.5: 143B-153. 

.0202 ADMISSION PROCEDURES 

(a) At the time of admission, the residential child care facility' 
shall obtain the following information: 

( 1 ) The name, sex, race, birth date and birth place of the 
child: 

(2) When available, the parents" names, addresses, 
telephone numbers, birth dates, races, religion and 
marital status: 

(3) When available, the names, addresses and telephone 
numbers of siblings and other significant relatives; 
and 

(4) If the child has had prior placements, the names of 
care-gi\ers. addresses and dates of prior placements. 

(b) Within 72 hours of admission, the facilits' shall obtain the 
following: 



ill a 



ill 
01 

(4} 



a written agreement for admission from the legal 
custodian: 

consent for release of information: 
consent for emergenc\ medical treatment: and 
consent for famih time \ isitation. 
(c) Within two weeks of admission, the facilit\ shall obtain 
the follow ing: 

( 1 ) Report of the phNsical examination in accordance with 
10 NCAC41S .0604(a)(1): and 
A social summap. which includes background 
information on the child, his her famih, hisher 
presenting problems, and current circumstances. 



01 



.0203 ADMISSION CRITERIA 

The residential child care facilits' shall enter into and obtain a 
written agreement from the child's legal custodian within 72 
hours of the child's admission which contains the following: 

( 1 ) A statement documenting the legal custodian's 
authorits to place the child and designating the legal 
custodian's consent for the child's admission: 

(2) Information which sets forth the role and 
responsibilities to be performed by the staff in the 
facilit\ during the child's sta\ in the program: 
Information that specifies the expectations of the legal 
custodian during the child's sta\ in the program: 
Specification of the anticipated length of the child's 
sta\ : and 



Ql 

14) 
i2l 



Specification of the projected goals for the famih 
during the child's sta\ in the program. 



ill 

16] 
12J 

18] 
1^ 



\ 



Authorit)- G.S. 131D-10.5: 143B-153. 

.0204 RECORDKEEPING 

Client case record. An individual case record shall be 
maintained on each child which contains the following: 

( 1) W ritten consent for placement: 

(2) Documentation of placement authorit\; 

(3) Demographic information on child and the child's 
famih: 
Consents for release of information. emergenc\ 



medical treatment, famih time \ isitation: 

Medical records, including the child's physical and 

immunization records: 

Social summary : 

lndi\idualized ser\ice plan and biweekh' reviews. 

including famih time plan: 

Progress notes: and 

Discharge summary. 



Authority G.S. 131D-10.5: 1438-153. 

.0205 SERVICE PLANNING 

Within one week of admission, an individualized service plan 
shall be developed and reviewed e\ en other w eek. thereafter. b> 
the shelter home staff parents and legal custodian of the child, 
when appropriate. The indiv idualized ser\ ice plan shall include: 

( 1 ) The expectation and goals to be reached bv the child 
while in care: 

(2) The tasks and activities of thie shelter home staff to 
meet the needs of the child while m care: 

(3) The tasks and activities of the parents and legal 
custodian to meet the needs of the child while in care: 

(4) The projected discharge plan: 

(5) The projected length of stav: 

(6) The signatures of the shelter staff, the child, the 
child's parents and the child's legal custodian if 
different from the child's parents. 



< 



AuthorinG.S. 131D-W.5: 1438-153. 



( 



AuthorlrtG.S. I3ID-I0.5: 1438-153. 



.0206 



DISCHARGE SERVICES 



904 



NORTH CAROLINA REGISTER 



December 1. 1998 



13:11 



PROPOSED RULES 



(a) The residential child care facility shall establish a policy 
which specifies that no child shall remain in care longer than 90 
da\s. An exception mav be made to this polic\ if the facilit\ has 
an established polic\ which specifies the length of time and the 
circumstances by which a child will remain in shelter care longer 
than 90 days. 

(b) Prior to discharge, the staff of the residential child care 
faciliU' shall develop a plan with the child to determine if follow- 
up seryices will be proyided. the r\pe of seryjces to be provided 
and the timeframe for conducting these ser\ ices. 

Authorin-G.S. 131D-10.5: 143B-153. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 150B-2I.2 
that the NC Wildlife Resources Commission intends to 
amend rules cited as 15.4 NCAC WF.03I0. .0342. Notice of 
Rule-making Proceedings was published in the Register on 
October 1. 1998. 

Proposed Effective Date: July 1. 2000 

A Public Hearing will be conducted at 10:00 a.m. on December 
16. 1998 at the .Archdale Building. Room 332. 512 S. Salisbury- 
Street. Raleigh. NC 27603. 

Reason for Proposed Action: 15.4 .\C.4C lOF .0310 - The 

Dare Count}- Board of Commissioners initiated the no-wake 
zones puruant to G.S. 75,4-15. to protect public safety- in the 
area by restricting vessel speed. The wildlife resources 
commission may adopt this as a temporaiy rule to S.L. 199^- 
0403 following the abbreviated notice as indicated in the notice 
of rule-making proceedings or following the public hearing an 
d public comment period as indicated in this notice. 
15.4 NCAC lOF .0342 - The Catmvba Count}- Board of 
Commissioners initiated the no-wake zone pursuant to G.S. '5.4- 
15. to protect public safer}- in the area by restricting vessel 
speed. The wildlife resources commission may adopt this as a 
temporaiy rule pursuant to S.L. 199'-0403 following the 
abbreviated notice as indicated in the iiotice of rule-making 
proceedings or following the abbreviated notice as indicated in 
the notice of rule-waking proceedings or following the public 
hearing and public comment period as indicated in this notice. 

Comment Procedures: Interested persons mo}- present their 
views either orally or in writing at the hearing. In addition, the 
record of hearing will be open for receipt of written comments 
from December I. 1998 to December 31. 1998. Such written 
comments must be delivered or mailed to the NC Wildlife 
Resources Commission. 512 N. Salisbuiy Street. Raleigh. North 
Carolina 27604-1188. 

Fiscal Note: These Rules affect the expenditures or revenues of 
local government funds. These rules do not affect state funds and 



do not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period) 

Editor's Note: 15.4 NC.4C 10F.0310 - Text in bold lettering, 
previously published in the NC Register Volume 12. Issue 24, 
page 2224. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER lOF - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 

.0310 DARE COUNTY 

(a) Regulated Areas. This Rule applies to the following 
waters and portions of waters: 

( 1 ) Manteo. Doughs Creek adjacent to Shallowbag Bay 
and all canals situated within the territorial limits of 
the Town of Manteo. 
Hatteras. The waters of Hatteras Harbor and 



(2) 



(3) 



(4) 



(5) 



Muddy Creek bounded on the north and south bv 
the high-water mark, on thewest by a straight line 
between channel markers number 20 and 17, and 
on the east bv the mouth of Muddy Creek at 
Sandv Bay. 

(A) The waters of Hatteras Harbor and Muddy 
Creek bounded on the north and south by 
the high-water mark, on the west by a 
straight line between channel markers 
number 20 and 17, and on the east by the 
mouth of Muddy Creek at Sandy Bay. 

(B) The waters of Hatteras Inlet North Dock 
ferry basin and the Hatteras Landing 
channel, including the vicinity of Coast 
Guatd Beacon Number One in the approach 
channel as delineated by appropriate 
markers . 

Mann's Harbor The waters of Ferr> Dock Road 

Canal. 

Nags Head: 

(A) Those waters contained within the canals of 
Old Nags Head Cove Development; 

(B) The Roanoke Sound inlets at Pond Island on 
either side of Marina Drive extending north 
from US 64-264. 

Wanchese: 

(A) The waters of Wanchese Harbor: 

(B ) The Canal from its beginning where it connects 
with the Roanoke Sound south of the dead end 
road SR 1141 extending northwest roughly 
parallel to SR 1141 a^nd SR 1142. then 
westward roughK parallel to NC 345. and 
finally curving to the southwest roughly 
parallel to the C.B. Daniels Road to its end. 



13:11 



NORTH CAROLINA REGISTER 



December 7, 1998 



905 



PROPOSED RULES 



(6) 
(7) 

(8) 

(9) 
(10) 
(II) 



(12) 



(13) 
(14) 
(15) 



(16) 



(17) 



Stumps Point Canal. That portion of Stumps Point 

Canal beginning at the Wildlife Resources 

Commission boating access area and extending inland 

for a distance of 3.600 feet. 

Stumps Point Basin. That portion of the Stumps 

Point Basin, at the head of the Stumps Point Ba>. 

svhich is next to Highway 264 in the dock area and 

designated bs the appropriate markers. 

Town of Southern Shores. The waters contained in 

the canals and lagoons svithin the territorial limits of 

the Tos\n of Southern Shores. 

Colington Harbour. The waters contained in the 

canals of Colington Harbour. 

K.itt> Hassk. Those s\aters contained in the canals of 

Kitts Hass'k Landing Subdis ision. 

Washington Baum Bridge. Those waters of the 

Roanoke Sound from marker 24B north of the bridge 

to marker 24 A south of the bridge, and 50 sards east 

of the nas'igation span ssest to the shore as designated 

bs the appropriate markers. 

Colington island. The waters contained in an area 

beginning at the bath house and recreation center on 

the western shore of Colington Island, running 600 

feet in a northerls direction and extending 300 feet 

into Albemarle Sound as marked. 

The w aters of Baum Bas Harbor. 

The waters of High Bridge Creek. 

Mill Creek - The waters of Pamlico Sound at Mill 

Creek near .\\on as delineated bv appropriate 

markers. 



Ginguite Creek -_ The svaters of Ginguite Creek from 
Highsvas 158 nonh to Lot 15 m Martins Point 
Subdis ision. 



Marina Canal - The ssaters of Marina Canal starting 
at the mouth of the canal from the Pamlico Sound to 
the boat basin adjoining Palmetto Shores Subdis ision. 

(b) Speed Limit. No person shall operate any motorboat or 
sessel at greater than no-svake speed within ans of the regulated 
areas described in Paragraph (a) of this Rule. 

(c) Restricted Ss\imming .Area. No person operating or 
responsible for the operation of ans sessel. surfboard, water 
skis, or jet skis shall permit the same to enter ans marked 
ssvimming area described in Subparagraph (12) of Paragraph (a) 
of this Rule. 

(d) Placement and Maintenance of Markers. Subject to the 
approsal of the United States Coast Guard and the United States 
Arms Corps of Engineers, the following agencies are designated 
suitable agencies for placement and maintenance of markers 
implementing this Rule as to the regulated areas listed in the 
seseral Subparagraphs of Paragraph (a) of this Rule: 

( 1 ) the Board of Commissioners of the Tow n of Manteo 
as to the areas indicated in Subparagraph (a) of this 
Rule(l): 

(2) the Board of Commissioners of Dare Count> as to the 
areas indicated in Subparagraphs (2) through (7). (4) 
and (11): (9). {XV^ £131. and (15). (15), (16) and 
tllJ. 

(3) the Board of Commissioners of the Town of Southern 



Shores as to the areas indicated in Subparagraph (8); 
(4) the Board of Commissioners of the Town of Kitt> 
Hasvk as to the areas indicated in Subparagraph ^ 
Wft»^ (aK10) and(14). " \ 

Authorin- G.S. ~5A'3: '5A-I5. 

.0342 CATAWBA COUNTY 

(a) Regulated Areas. This Rule applies to the foUosving svaters 
of Lake Hickors: 

( 1 ) the public fishing pier located at the old Wildlife Club 
off 12th Street Drise. NW. City of Hickon,; 

(2) the shores of the Dixie Boat Club. Inc.; 

(3) that area ssithin 50 sards of the Moore's Ferrs Boat 
Marina and Boathouse on 44th Avenue. Circle NW; 

(4) the small cose King between Gull Cose Lane and 
Quiet Cos e Lan e Lane; 

(5) the cose entering the Lake Hickors RV Resort Marina 
as delineated bs appropriate markers. 

(b) Speed Limit. No person shall operate a sessel at greater 
than no-ssake speed in the ssaters of the regulated areas specified 
in Paragraph (a) of this Rule. 

(c) Placement and Maintenance of Markers. Thegoseming 
board of the Cit> of Hickors and the Catass ba Counts. Board of 
Commissioners are designated suitable agencies for placement 
and maintenance of the markers implementing this Rule, subject 
to the approsal of the Lmited States Coast Guard and the United 
States Arms Corps of Engineers. 

Auihorin- G.S. '5A-3: ~5A-15. 



i 



i 



906 



SORTH C.4ROLI.\.A REGISTER 



December 1, 1998 



13:11 



TEMPORAR Y RULES 



The Codifier of Rules has entered the following temporary- rule(s) in the North Carolina Administrative Code. Pursuant to G.S. 
150B-21.1(e). publication of a temporaiy rule in the North Carolina Register sen-es as a notice of rule-making proceedings 
unless this notice has been previously published by the agency. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 



Rule-making Agency: 

Commission 



North Carolina Wildlife Resources 



Rule Citation: 15.4 NCAC IOC .0302. .0305. .0405 

Effective Date: November 1 . 1998 

Findings Reviewed by Beccher R. Gray: .Approved 

Authority for the rule-making: G.S. 113-134: 113-2''3: 113- 
275: 113-276: 113-276.1: 113-292: 113-302: 113-304: 113-305 

Reason for Proposed Action: ISA ^CAC IOC .0302 - To 

regulate/restrict taking of inland game fish which is necessaiy 
to manage and consen-e the resource. 

15 I\'C.4C IOC .0305 - To regulate restrict creel and size limits 
for taking of inland game fish which is necessaiy to manage and 
conserve the resource. 

15 NCAC IOC .0405 - To regulate/restrict possession of licenses 
for nongame fish which is necessaiy to manage and conserve the 
resource. 

Comment Procedures: The North Carolina Wildlife Resources 
Commission has the authority to adopt temporary rule pursuant 
to S.L. 199 "-0403. These temporaiy rules are adopted following 
the public hearing and public comment period established for 
permanent rule adoption. A public hearing was held on 
September 16. 1998 for the permanent rules and the record of 
hearing for public comment was closed on on October 1. 1998. 
The submission for permanent rule is on file with the Rules 
Review Commission. 

CHAPTER 10 
WILDLIFE RESOURCES AND WATER SAFETY 

SUBCHAPTER IOC - INLAND FISHING 
REGULATIONS 



SECTION .0300 - GAME FISH 

.0302 MANNER OF TAKING INLAND GAME FISHES 

(a) Except as provided in this rule below, it is unlawful for 
any person to take inland game fishes from any of the waters of 
North Carolina by any method other than with hook and line. 
Landing nets may be used to land fishes caught on hook and 
line. Game fishes taken incidental to commercial fishing 
operations in joint fishing waters or coastal fishing waters shall 
be immediately returned to the water unharmed. Game fishes 
taken incidental to the use of licensed special devices for taking 
nongame fishes from inland fishing waters as authorized by 15A 
NCAC IOC .0407 shall be immediately returned to the water 
unharmed, except in the Po e De e River downstr e am from th e 
Bl e w e tt Falls dam. wh e r e that a daily creel limit of American 
and hickory shad ma\ be taken with dipnets and bow nets sp e cial 
fishing devices during the permitted season from March 1 
through April 30 m those waters where such gear ma\ be 
lawfully used. In the Pee Dee River below Blewett Falls dam 
shad may be taken with any special fishing device during the 
authorized season for that device. 

(b) In the inland waters of the Roanoke River upstream of 
U.S. 258 bridge, only a single barbless ho^k or a lure with a 
single barbless hook may be used from I April to 30 June. 
Barbless as used in this Rule, requires that the hook does not 
have a barb or the barb is bent down. 

HistoiyNote: .Authority G.S. 113-134: 113-2:'3: 113-292; 

113-302: 

Eff. Februaiy 1 . 19^6: 

.Amended Ejf. July 1. 1996: October 1. 1994: July I, 1993: May 

1. 1992: January 1. 1982: 

Temporary .Amendment Eff. November ]_^ 1998. 

.0305 OPEN SEASONS: CREEL AND SIZE LIMITS 

(a) Generally. Subject to the exceptions listed in Paragraph 
(b) of this Rule, the open seasons and creel and size limits are as 
indicated in the following table: 



GAME FISHES 



DAILY CREEL 
LIMITS 



MINIMUM 
SIZE LIMITS 



OPEN SEASON 



Mountain Trout: 
Wild Trout 
Waters 



7 in. 



ALL YEAR 
(exc. 2) 



Hatchery Sup- 
ported Trout 
Waters and 
undesignated 



None 



All year, except 
March 1 to 6:00 a.m. 
on first Saturday 
in April 



13:11 



NORTH CAROLINA REGISTER 



December 1, 199H 



907 



TEMPOKAR Y RULES 



waters 

Muskellunge and 
Tiger Musky 

Chain Pickerel 
(Jack) 

Walleve 



Sauaer 



None 

8 

(exes. 8 & 9) 

8 



30 in. 



None 



None 



15 in. 



(exc. 2) 
ALL YEAR 

ALL YEAR 



ALL YEAR 
(exc. 8) 

ALL YEAR 



i 



Black Bass: 

Largemouth 


5 
(exc. 9) 


14 in. 
(exes. 3.7 & 10) 


ALL YEAR 

(exc. 17) 


Smallmouth 
and Spotted 


5 
(exc. 9) 


12 in. 
(exes. 3.7 & 10) 


ALL YEAR 


White Bass 


25 


None 


ALL YEAR 


Sea Trout (Spotted 
or Speckled) 


10 


12 in. 


ALL YEAR 


Flounder 


None 


13 in. 


ALL YEAR 


Red drum (channel 
bass, red fish, 
pupp\ drum) 


5 


18 in. 


ALL YEAR 


Striped Bass 
and their h\ brids 
(Morone Hybrids) 


8 aggregate 
(e.xcs. 1 & 5) 


16 in. 
(exes. 1.5 & 11) 


ALL YEAR 

(exes. 5. 13. & 15) 


Shad: (American 
and hickop. ) 


] aggregate 
(exc. 18) 


None 


ALL YEAR 

(exc. 18) (exes. 18& 19) 


Kokanee Salmon 


7 


None 


ALL YEAR 


Pan fishes 


None 
(exes. 4. 12. & 16) 


None 
(exc. 12) 


ALL YEAR 
(exc. 4) 


NONGAME FISHES 


None 
(exc. 14) 


None 
(exc. 14) 


ALL YEAR 

(exes. 6) 



{ 



(b) Exceptions 

(1) In the Dan River upstream from its confluence with 
Bannister River to the BrantK Steam Plant Dam. and 
in John H. Kerr. Gaston, and Roanoke Rapids 
Reservoirs, and Lake Norman, the creel limit on 
striped bass and Morone hybrids is four in the 
aggregate and the minimum size limit is 20 inches. 

(2 ) in designated public mountain trout \\ aters the season 
for taking all species of fish is the same as the trout 
fishing season. There is no closed season on taking 
trout from Nantahala River and all tributaries 
(excluding impoundments) upstream from Nantahala 



Lake, and the impounded waters of power reservoirs 
and municipalK-ouned water supply reservoirs open 
to the public for fishing. 

(3) Bass taken from Calderwood Reservoir ma\ be 
retained without restriction as to size limit. 

(4) On Mattamuskeet Lake, special federal regulations 
appK. 

(5) In the inland fishing waters of Cape Fear. Neuse. Pee- 
Dee. Pungo and Tar-Pamlico rivers and their 
n-ibutaries and the Roanoke Ri\ er and its tributaries, 
including the Cashie. Middle, and Eastmost rivers, 
extending upstream to the first impoundment, and 



{ 



908 



NORTH CAROLINA REGISTER 



December 7. 1998 



13:11 



TEMPORARY RULES 



Lake Mattamuskeet, the daily creel limit for striped 
bass and their hybrids is three fish and the minimum 
length limit is 1 8 inches. In the Roanoke River and its 
tributaries, including the Cashie, Middle, and 
Eastmost rivers-from April 1 to May 31 no fish 
between the lengths of 22 inches and 27 inches shall 
be retained. 

(6) See 15A NCAC IOC .0407 for open seasons for 
taking nongame fishes by special devices. 

(7) The maximum combined number of black bass of all 
species that may be retained per day is five fish, no 
more than two of which may be smaller than the 
applicable minimum size limit. The minimum size 
limit for all species of black bass is 14 inches, with no 
exception in Lake Luke Marion in Moore County, in 
Reedy Creek Park lakes in Mecklenburg County, in 
Lake Rim in Cumberland County, in Currituck Sound 
and tributaries north of Wright Memorial Bridge, in 
North River and tributaries in Currituck and Camden 
Counties north of a line between Camden Point and 
the end of SR 1 124, in High Rock Lake downstream 
of 1-85, in Badin Lake, in Falls Lake, in Lake Tillery, 
in Blewett Falls Lake, and in the New River and its 
tributaries in Onslow County'. In and west of 
Madison, Buncombe, Henderson and Polk Counties 
and in designated public mountain trout waters the 
minimum size limit is 12 inches. In B. Everett Jordan 
Reservoir a minimum size limit of 16 inches, with no 
exception, applies to largemouth bass. In Falls of 
Neuse Reservoir, east of SR 1004. and Tuckertown 
Lake no black bass between the lengths of 12 inches 
and 16 inches may be retained, and the minimum size 
limit for black bass is 1 6 inches, except that the daily 
creel may contain two black bass of less than 12 
inches in length. In W. Kerr Scott Reservoir there is 
no minimum size limit for spotted bass. 

(8) A minimum size limit of 1 5 inches applies to walle>e 
taken from Lake James and its tributaries, and the 
daily creel limit for walleye is four fish in Linville 
River upstream from the NC 126 bridge above Lake 
James. 

(9) The creel limit for black bass and walleye taken Irom 
Calderwood Reservoir is 10. 

(10) The minimum size limit for all black bass, with no 
exception, is 18 inches in the following trophy bass 
lakes: 

(A) Cane Creek Lake in Union Count>; 

(B) Lake Thom-A-Lex in Davidson County; and 

(C) Sutton Lake in New Hanover County. 

(11) In all impounded inland waters and their tributaries, 
except those waters described in Exceptions ( 1 ) and 
(5), the daily creel limit of striped bass and their 
hybrids may include not more than two fish of smaller 
size than the minimum size limit. 

(12) In Lake Tillery, Falls Lake, High Rock Lake. Badin 
Lake. Tuckertown Lake. Lake Hyco. Lake Ramseur 
and Cane Creek Lake a daily creel limit of 20 fish and 
a minimum size limit of 8 inches appK to crappie. In 



Lake James, a daily creel limit of 20 fish applies to 
crappie. 

(13) In designated inland fishing waters of Roanoke 
Sound, Croatan Sound, Albemarle Sound, Chowan 
River, Currituck Sound, Alligator River, Scuppemong 
River, and their tributaries (excluding the Roanoke 
River and Cashie River and their tributaries), striped 
bass fishing season, size limits and creel limits shall 
be the same as those established by duly adopted rules 
or proclamations of the Marine Fisheries Commission 
in adjacent joint or coastal fishing waters. 

(14) The daily creel and length limits for channel, white, 
and blue catfish in designated urban lakes are 
provided for in 15A NCAC IOC .0401(d). 

(15) The Executive Director may, by proclamation, 
suspend or extend the hook-and-line season for 
striped bass in the inland and joint waters of coastal 
rivers and their tributaries. It is unlawful to violate 
the provisions of any proclamation issued under this 
authority'. 

( 1 6) In the entire Lumber River from the Camp MacKall 
bridge (SR 1225, at the point where Richmond, 
Moore, Scotland, and Hoke counties join) to the 
South Carolina state line and in all public fishing 
waters east o'" 1-95, except Tar River Reservoir in 
Nash County, the daily creel limit for sunfish is 30 in 
aggregate, no more than 12 of which shall be 
redbreast sunfish. 

(17) In Sutton Lake, no largemouth bass may be retained 
from December 1 through March 3 1 . 

(18) In the Pee Dee River downstream from the Blewett 
Falls dam, shad may be taken with special fishing 
devices without restriction to creel limits as provided 
for in 15A NCAC IOC .0404 (b) during the permitted 
special fishing device seasons specified in 15A 
NCAC IOC .0407. American and hickon, shad taken 
under this Subparagraph may be sold as authorized 
under subsection IOC .0401. 

(19) The season for taking American and hickory shad 
with dip nets and bow nets is March 1 through April 
30, except in Pee Dee River downstream from Blewett 
Falls dam where the season prescribed in 1 5 A NCAC 
IOC .0407(4) and (75) is in effect. 

His ton- Note: Filed as a Temporary Amendment Eff. 

December 1, 1994 for a period of 180 days or until the 

permanent rule becomes effective, whichever is sooner: 

Filed as a Temporaiy Amendment Eff. May 1. 1991. for a period 

of 180 days to expire on November I, 1991 : 

Filed as a Temporary Amendment Eff'. May 22. 1990, for a 

period of 168 days to expire on November 1, 1990: 

Filed as a Temporary Amendment Eff. May 10. 1990. for a 

period of 180 days to expire on November 1, 1990: 

Authority G.S. 113-134: 113-292: 113-304: 113-305: 

Eff February 1. 1976: 

Amended Eff. July 1, 1998: July 1. 1997: July 1. 1996: July 1, 

1995: Julyl, 1994; July 1, 1993: October 1, 1992. 

Temporary Amendment Eff. November f 1998 



13:11 



NORTH CAROLINA REGISTER 



December 1, 1998 



909 



TEMPOR.4RY RULES 



SECTION .0400 - NONGAME FISH 

.0405 POSSESSION OF LICENSES 

Except as indicated in this Rule below, ever} individual 
participating in the taking offish through the use of an>' special 
de\ ice must ha\e the special device fishing license issued to 
him. personally, in his possession or readih available for 
inspection. A bow net or a dip net ma\ be used b\ an indi\idual 
other than the licensee with the licensee's permission, but such 
user must ha\e the license in his possession or readil\ a\ ailable 
for inspection, in s p e ction: provid e d, that \sh e n When using drag 
seines authorized for taking nongame fishes at beaches on inland 
fishing waters where there are migrator, saltvsater fishes 
(h e rring, shad (herring or mullet). onK the principal owner and 
operator is required to be licensed. 

HislonXote: Authonn- G.S. 113-134: 113-:'5: 113-2'6: 

113-2-6.1: 113-292: 

Efl February 1 . 19^6: 

TemporaiT Amendment Eff. Xorember L_ 1998. 



TITLE 21 - 0CCLP.\T10NAL LICENSING 
BOARDS 

CHAPTER 16 - BOARD OF DENTAL 
EXAMINERS 

Rule-making Agency: \'onh Carolina State Board of Dental 
Examiners 

Rule Citation: 21 .\CAC 16M.0101 

Effective Date: October 28. 1998 

Findings Reviewed and .\pproved by: Beecher R. Gro}' 

Authority for the rule-making: G.S. 90-28: 90-39: 90-48 

Reason for Proposed .Action: The amendment of this rule is 
necessary- because without an increase in funds, the Caring 
Dentist Program cannot effectively manage its current caseload 
nor accept ne^' participants. 

Comment Procedures: IVrinen comments may be submitted 
on rule-making to Christine H. Lockwood. Executive Director of 
the Board at the Board's office. The Board's address is PO Box 
322-0. Raleigh. \C 2-622-22-0. 

SUBCHAPTER 16M - FEES PAYABLE 

.0101 DENTISTS 

(a) The follow ing fees shall be payable to the Board: 

( 1 ) .Application for general dentistrs 

examination S500.00 

(2) .Application for renewal of instructor's 



license and examination S 75.00 

(3) Application for provisional license SIOO.OO 

(4) Application for intern permit or renewal a 
thereof SI 00.00 f_ 

( 5 ) Certificate of license to a resident dentist 
desiring to change to another state or 

territor} S 25.00 

(6) Duplicate license S 25.00 

(7) Reinstatement of license after retirement 

from practice in this State S225.00 

(8) Penalt) fee for late renewal of an\ license 

or permit S 50.00 

(b) Each dentist renew ing his license to practice dentistr> in 
North Carolina shall be assessed a fee of fift e en dollars 
(S15.00). t^vent\'-fi\ e dollars ($25.00). in addition to the annual 
renewal fee. to be contributed to the operation of the Caring 
Dentist Program. 

Histoty .Xote: Authority G.S. 90-28: 90-39: 90-48: 

Eff September 3. 19-6: 

Re adopted Eff] September 26. 19":': 

.Amended Ejf. August 1. 1998: December 1. 1994: May 1. 1989: 

March 1. 1988: May 1. 198-: 

Temporan- Amendment Eff. October 28. 1998. 



{ 



CHAPTER 46 - BOARD OF PHARM.\CY 

Rule-making .Agency: .\ortli Carolina Board of Pharmacy 

Rule Citation: 21 XCAC 46.1815 

Effective Date: October 29. 1998 

Findings Reviewed and Approved by: Beecher R. Gray 

Authority for the rule-making: G.S. 90-85.6: 90-85.32 

Reason for Proposed .Action: The adoption of this rule is 
necessaty to allow patients to obtain an emergency prescription 
refill when refill authorization from the prescriber is not readily 
obtainable due to an interruption in medical services. 

Comment Procedures: Written comments may- be submitted 
on tlie rule-making to David R. Work. Executive Director of the 
Board at tlie Board's office. The Board's address is PO Box 
459. Carrboro. \C 2-510-0459. 

SECTION .1800 - PRESCRIPTIONS 

.1815 EMERGENCY PRESCRIPTION 

REFILL DIE TO INTERRUPTION 
OF MEDICAL SERVICES 

In the e\ent a pharmacist or de\ice and medical equipment ^ 
pemiit holder recei\es a request for a prescription refill and the ^ 
pharmacist or permit holder js unable to obtain readih refill 
authorization from the prescriber because of the prescriber" s 



910 



NORTH CAROLINA REGISTER 



December I, 1998 



13:11 



TEMPORAR Y R ULES 



inability to provide medical services to the patient, the 
pharmacist or permit holder may dispense a one-time emergency 
supply of u p to 90 days of the prescribed medication, provided 
that: 

(1) The prescription is not for a Schedule 11 controlled 
substance; 

(2) The medication is essential to the maintenance of life 
or to the continuation of therapy jn a chronic 
condition; 

(3) In the pharmacist's or permit holder's professional 
judgment, the interruption of therapy might 
reasonably produce undesirable health consequences; 

(4) The dispensing pharmacist or permit holder creates a 
written order entered in the pharmacy's automated 
data processing system containing all of the 
prescription information required by Section .2300 of 
these Rules and signs that order; 

(5) The dispensing pharmacist or permit holder notifies. 
or makes a good faith attempt to notii\. the prescriber 
or the prescriber' s office of the emergenc\ dispensing 
within 72 hours after such dispensing. 

History Note: Authorit}- G.S. 90-85. 6: 90-85. 32: 
Temporan- Adoption Eff. October 29. 1998. 



\ 



13:11 NORTH CAROLINA REGISTER December I. 199H 911 



APPROVED RULES 



This Section includes the Register Notice citation to Rules approved by the Rules Review Commission (RRC) at its meeting 
of September 1". 1998 pursuant to G.S. 150B-21.17la)<l) and reported to the Joint Legislative Administrative Procedure 
Oversight Committee pursuant to G.S. 150B-21. 16. The full text of rules are published below when the rules have been 
approved by RRC in a form different from that originally noticed in the Register or when no notice was required to be 
published in the Register The rules published in full text are identified by an * in the listing of approved rules. Statutory- 
Reference : G.S 150B-2L17. 

These rules unless otherwise noted, will become effective on the 31st legislative day of the 1999 Session of the General 
Assemblv or a later date if specified by the agency unless a bill is introduced before the 31st legislative day that specifically 
disapproves the rule. If a bill to disapprove a rule is not ratified, the rule will become effective either on the day the bill 
receives an unfavorable final action or the day the General Assembly adjourns. Statutoiy reference: G.S. 1508-2 1. 3. 



i 



APPROVED RULE CITATION 



REGISTER CITATION TO THE 
NOTICE OF TEXT 



10 


NCAC 


03H 


.22 10* Amended Eff. October 1. 


1998 


not 


required. G.S. 150B-21.5 


12 


NCAC 


11 


.0503 






12 


20 NCR 1824 


12 


NCAC 


11 


.0506-.0507 






12 


20 NCR 1824 


15A 


NCAC 


02H 


.0610 






12 


08 NCR 667 


15A 


NCAC 


07H 


.0308* 






13 


01 NCR 26 


15A 


NCAC 


lOB 


.0207* 






12 


24 NCR 2205 


15A 


NCAC 


13A 


.0109-.0111 






12 


22 NCR 2001 


15A 


NCAC 


13B 


.1301 






12 


24 NCR 22 11 


17 


NCAC 


05B 


.1304* Repealed 


Eff. October 1 


1998 


not required. G.S. 150B-2 1.5(a) 


19A 


NCAC 


02D 


.0415 






12 


24 NCR 22 19 


21 


NCAC 


03 


.0101-.0103 






12 


22 NCR 2007 


21 


NCAC 


03 


.0201 






12 


22 NCR 2007 


21 


NCAC 


03 


.0301-.0304 






12 


22 NCR 2007 


21 


NCAC 


03 


.0401 






12 


22 NCR 2007 


21 


NCAC 


03 


.0501* 






12 


22 NCR 2008 


21 


NCAC 


14! 


.0107* 






13 


02 NCR 246 


21 


NCAC 


14N 


.0103* 






12 


11 NCR 936 



i 



TITLE 10 - DEPARTMENT OF HEALTH 
AND HUMAN SERVICES 

SUBCHAPTER 3H - RULES FOR THE LICENSING 
OF NURSING HOMES 

SECTION .2200 - GENERAL STANDARDS 
OF ADMINISTRATION 

.2210 REPORTING AND INVESTIGATING ABUSE, 
NEGLECT OR MISAPPROPRIATION 

(a) The faciiit) shall take reasonable measures to prevent 
patient abuse, patient neglect, or misappropriation of patient 
propert)'. including but not limited to orientation and instruction 
of facilirv staff on patients' rights, and the screening of and 
requesting of references for all prospectixe employees. 

(b) The administrator shall ensure that the Health Care 
Personnel Registry Section of the Division of Facility Services 
is notified within 24 hours or as soon as practicable of all 
allegations which appear to a reasonable person to be related to 
patient abuse, neglect or misappropriation of patient property. 

(c) The facility shall thoroughK investigate allegations of 
patient abuse, patient neglect, or misappropriation of patient 



property in accordance with 42 CFR subsection 483. 13 which is 
incorporated by reference, including subsequent amendments, 
and shall document all relevant information pertaining to such 
investigation and shall take whatever steps are necessary to 
prevent further incidents of abuse, neglect or misappropriation 
of patient property vshile the investigation is in progress. Copies 
of the Code of Federal Regulations ma\ be purchased from the 
Superintendent of Documents. U.S. Government Printing Office. 
Washington. D.C. 20402 for thirty eight dollars (S38.00) and 
ma\ be purchased v\ith a credit card bv a direct telephone call to 
the'CRO. at (202) 783-3238. 

(d) The administrator shall ensure that the report of 
investigation is printed or typed and postmarked to the Health 
Care Personnel Registry Section of the Division of Facility 
Services within five working days of the allegation. The report 
shall include the date and time of the alleged incident of abuse, 
neglect or misappropriation of property: the patient's full name 
and room number: details of the allegation and anv injury : names 
of the accused and any witnesses: names of the facility staff who 
investigated the allegation: results of the investigation: and an\^ 
corrective action that mav have been taken b\ the facility. t 

Historv Note: Aulh()rit^■ G.S. 13 1 £-104: 131E-131: 



912 



NORTH CAROLINA REGISTER 



December I. 1998 



13:11 



APPROVED RULES 



131E-255: 

Ejf. January 1 . 1996: 

Amended Eff. October 1. 



1998. 



> 



\ 



TITLE 15A - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7H - STATE GUIDELINES FOR 
AREAS OF ENVIRONMENTAL CONCERN 

SECTION .0300 - OCEAN HAZARD AREAS 

.0308 SPECIFIC USE STANDARDS FOR OCEAN 
HAZARD AREAS 

(a) Ocean Shoreline Erosion Control Activities: 
(1) Use Standards Applicable to all Erosion Control 
Activities: 

(A) All oceanfront erosion response activities shall 
be consistent with the general policy statements 
in 15ANCAC7M .0200. 

(B) Permanent erosion control structures may 
cause significant adverse impacts on the value 
and enjovTnent of adjacent properties or public 
access to and use of the ocean beach, and, 
therefore, are prohibited. Such structures 
include, but are not limited to: bulkheads; 
seawalls: revetments; jetties: groins and 
breakwaters. 

(C) Rules concerning the use of oceanfront erosion 
response measures appK to all oceanfront 
properties without regard to the size of the 
structure on the property or the date of its 
construction. 

(D) All permitted oceanfront erosion response 
projects, other than beach bulldozing and 
temporar\ placement of sandbag structures, 
shall demonstrate sound engineering for their 
planned purpose. 

(E) Shoreline erosion response projects shall not 
be constructed in beach or estuarine areas that 
sustain substantial habitat for important fish 
and wildlife species unless adequate mitigation 
measures are incorporated into project design, 
as set forth in Rule .0306(1) of this Section. 

(F) Project construction shall be timed to minimize 
adverse effects on biological activity. 

(G) Prior to completing any erosion response 
project, all exposed remnants of or debris from 
failed erosion control structures must be 
removed by the permittee. 

(H) Erosion control structures that would otherwise 
be prohibited b\ these standards may be 
permitted on finding that: 
(i) the erosion control structure is necessary 



to protect a bridge which provides the 
only existing road access to a substantial 
population on a barrier island; that is 
vital to public safety; and is imminently 
threatened by erosion; 

(ii) the erosion response measures of 
relocation, beach nourishment or 
temporary stabilization are not adequate 
to protect public health and safety; and 

(iii) the proposed erosion control structure 
will have no adverse impacts on 
adjacent properties in private ownership 
and will have minimal impacts on public 
use of the beach. 
(I) Structures that would otherwise be prohibited 

by these standards may also be permitted on 

finding that: 

(i) the structure is necessary to protect an 
historic site of national significance, 
which is imminently threatened by 
shoreline erosion; and 

(ii) the erosion response measures of 
relocation, beach nourishment or 
temporan, stabilization are not adequate 
and practicable to protect the site; and 

(iii) the structure is limited in extent and 
scope to that necessary to protect the 
site; and 

(iv) any permit for a structure under this 
Sub-subpart (I) of this Subparagraph 
may be issued only to a sponsoring 
public agency for projects where the 
public benefits clearly outweigh the 
short or long range adverse impacts. 
Additionally, the permit must include 
conditions providing for mitigation or 
minimization by that agency of any 
significant and unavoidable adverse 
impacts on adjoining properties and on 
public access to and use of the beach. 
(J) Structures that would otherwise be prohibited 

by these standards may also be permitted on 

finding that: 

(i) the structure is necessary to maintain an 
existing commercial navigation channel 
of regional significance within federally 
authorized limits: and 

(ii) dredging alone is not practicable to 
maintain safe access to the affected 
channel; and 

(iii) the structure is limited in extent and 
scope to that necessan.' to maintain the 
channel; and 

(iv) the structure will not result in 
substantial adverse impacts to fisheries 
or other public trust resources: and 

(v) any permit for a structure under this 
Sub-subpart (J) of this Subparagraph 



13:11 



NORTH CAROLINA REGISTER 



December 1, 1998 



913 



APPROVED RULES 



may be issued only to a sponsoring 

public agency for projects where the 

public benefits clearly outweigh the 

short or long range adverse impacts. 

Additionally, the permit must include 

conditions providing for mitigation or 

minimization by that agenc\ of any 

significant and unavoidable adverse 

impacts on adjoining properties and on 

public access to and use of the beach. 

(K) Proposed erosion response measures using 

innovative technology or design will be 

considered as experimental and will be 

evaluated on a case-by-case basis to detennine 

consistency with 15A NCAC 7M .0200 and 

general and specific use standards within this 

Section. 

(2) Temporary Erosion Control Structures: 

(A) Permittable temporary erosion control 
structures shall be limited to sandbags placed 
above mean high water and parallel to the 
shore. 

(B) Temporary erosion control structures as 
defined in Part (2)(A) of this Subparagraph 
may be used only to protect imminently 
threatened roads and associated right of ways, 
and buildings and associated septic systems. A 
structure will be considered to be imminently 
threatened if its foundation septic system, or 
right-of-way in the case of roads, is less than 
20 feet away from the erosion scarp. Buildings 
and roads located more than 20 feet from the 
erosion scarp or in areas where there is no 
obvious erosion scarp may also be found to be 
imminently threatened when site conditions, 
such as a flat beach profile or accelerated 
erosion, tend to increase the risk of imminent 
damage to the structure. 

(C) Temporary erosion control structures may be 
used to protect only the principal structure and 
its associated septic system, but not such 
appurtenances as gazebos, decks or an\' 
amenity that is allowed as an exception to the 
erosion setback requirement. 

(D) Temporary erosion control structures may be 
placed seaward of a septic system when there 
is no alternative to relocate it on the same or 
adjoining lot so that it is landward of or in line 
with the structure being protected. 

(E) Temporary erosion control structures must not 
extend more than 20 feet past the sides of the 
structure to be protected. The landward side of 
such temporary erosion control structures shall 
not be located more than 20 feet seaward of the 
structure to be protected or the right-of-wa\' in 
the case of roads. 

(F) A temporary erosion control structure may 
remain in place for up to two years after the 



date of approval if it is protecting a building 
with a total floor area of 5000 sq. ft. or less, or, 
for up to five years if the building has a total ^ 
floor area of more than 5000 sq. ft. A^ 
temporary erosion control structure may remain 
in place for up to five years if it is protecting a 
bridge or a road. The property owner shall be 
responsible for removal of the temporary 
structure within 30 days of the end of the 
allowable time period. A temporary erosion 
control structure may remain in place for up to 
five years regardless of the size of the structure 
if the community in which it is located is 
actively pursuing a beach nourishment project. 
For purposes of this Rule, a community is 
considered to be actively pursuing a beach 
nourishment project if it has; 
(i) been issued a CAMA permit approving 

such project, or 
(ii) been deemed worthy of further 

consideration by a U.S. Army Corps of 

Engineers' Beach Nourishment 

Reconnaissance Study, or 
(iii) received a favorable economic 

evaluation report on a federal project 

approved prior to 1986 

(G) Once the temporary erosion co. "ol structure is 

determined to be unnecessary due to relocation 

or removal of the threatened structure, it must 

be removed by the property owner within 30 

days. 

(H) Removal of temporary erosion control 

structures may not be required if the\ are 

covered by dunes with vegetation sufficient to 

be considered stable and natural. 

(I) The property owner shall be responsible for the- 

removal of remnants of all portions of any 

damaged temporary erosion control structure. 

(J) Sandbags used to construct temporary erosion 

control structures shall be tan in color and three 

to five feet wide and seven to 15 feet long 

when measured fiat. Base width of the 

structure shall not exceed 20 feet, and the 

height shall not exceed six feet. 

(K) Soldier pilings and other types of devices to 

anchor sandbags shall not be allowed. 
(L) An imminently threatened structure ma\ be 
protected only once, regardless of ownership. 
In the case of a building, a temporary erosion 
control structure ma\ be extended, or new 
segments constructed, if additional areas of the 
building become imminentK threatened. 
Where temporary structures are installed or 
extended incrementally, the time period for 
removal under Part (F) of this Subparagraph^ 
shall begin at the time the initial erosion" 
control structure is installed. For the purpose 
of this Rule: 



( 



914 



NORTH CAROLINA REGISTER 



December 1, 1998 



13:11 



APPROVED RULES 



(i) a building and septic system shall be 

considered as separate structures, 
(ii) a road or highway shall be allowed to be 
incrementally protected as sections 
become imminently threatened. The 
time period for removal of each section 
of sandbags shall begin at the time that 
section is installed in accordance with 
Part (F) of this Subparagraph. 
(M) Existing sandbag structures may be repaired or 
replaced within their originally permitted 
dimensions during the time period allowed 
under Part (F) of this Subparagraph. 
(N) Existing sandbag structures that have been 
properly installed prior to May 1, 1995 shall be 
allowed to remain in place according to the 
provisions of Parts (F), (G) and (H) of this 
Subparagraph with the pertinent time periods 
beginning on May 1. 1995. 

(3) Beach Nourishment. Sand used for beach 
nourishment shall be compatible with existing grain 
size and type. Sand to be used for beach nourishment 
shall be taken only from those areas where the 
resulting environmental impacts will be minimal. 

(4) Beach Bulldozing. Beach bulldozing (defined as the 
process of moving natural beach material from any 
point seaward of the first line of stable vegetation to 
create a protective sand dike or to obtain material for 
any other purpose) is development and ma\ be 
permitted as an erosion response if the following 
conditions are met; 

(A) The area on which this activity is being 
performed must maintain a slope of adequate 
grade so as to not endanger the public or the 
public's use of the beach and shall follow the 
pre-emergency slope as closely as possible. 
The movement of material utilizing a 
bulldozer, front end loader, backhoe, scraper, 
or any type of earth moving or construction 
equipment shall not exceed one foot in depth 
measured from the pre-activit)' surface 
elevation; 

(B) The activit\' must not exceed the lateral bounds 
of the applicant's property unless he has 
permission of the adjoining land owner(s); 

(C) Movement of material fi-om seaward of the low 
water line will require a CAMA Major 
Development and State Dredge and Fill Permit; 

(D) The activity must not significantly increase 
erosion on neighboring properties and must not 
have a significant adverse effect on important 
natural or cultural resources; 

(E) The activity may be undertaken to protect 
threatened on-site waste disposal systems as 
well as the threatened structure's foundations. 

(b) Dune Establishment and Stabilization. Activities to 
establish dunes shall be allowed so long as the following 
conditions are met: 



(1) Any new dunes established shall be aligned to the 
greatest extent possible with existing adjacent dune 
ridges and shall be of the same general configuration 
as adjacent natural dunes. 

(2) Existing primary and frontal dunes shall not, except 
for beach nourishment and emergency situations, be 
broadened or extended in an oceanward direction. 

(3) Adding to dunes shall be accomplished in such a 
manner that the damage to existing vegetation is 
minimized. The filled areas will be immediately 
replanted or temporarily stabilized until planting can 
be successfully completed. 

(4) Sand used to establish or strengthen dunes must be of 
the same general characteristics as the sand in the area 
in which it is to be placed. 

(5) No new dunes shall be created in inlet hazard areas. 

(6) Sand held in storage in any dune, other than the 
frontal or primary dune, may be redistributed within 
the AEC provided that it is not placed any farther 
oceanward than the crest of a primary dune or 
landward toe of a frontal dune. 

(7) No disturbance of a dune area will be allowed when 
other techniques of construction can be utilized and 
alterative site locations exist to avoid unnecessary 
dune impacts. 

(c) Structural Accessways: 

(1) Structural accessways shall be permitted across 
primary dunes so long as they are designed and 
constructed in a manner which entails negligible 
alteration on the primary dune. Structural accessways 
may not be considered threatened structures for the 
purpose of Paragraph (a) of this Rule. 

(2) An accessway shall be conclusively presumed to 
entail negligible alteration of a primary dune: 

(A) The accessway is exclusively for pedestrian 
use; 

(B) The accessway is less than six feet in width; 
and 

(C) The accessway is raised on posts or pilings of 
five feet or less depth, so that wherever 
possible only the posts or pilings touch the 
frontal dune. Where this is deemed impossible, 
the structure shall touch the dune only to the 
extent absolutely necessary. In no case shall an 
accessway be permitted if it will diminish the 
dune's capacity as a protective barrier against 
flooding and erosion; and 

(D) Any areas of vegetation that are disturbed are 
revegetated as soon as feasible. 

(3) An accessway which does not meet Parts (2)(A) and 
(B) of this Paragraph shall be permitted only if it 
meets a public purpose or need which cannot 
otherwise be met and it meets Part (2)(C) of this 
Paragraph. Public fishing piers shall not be deemed 
to be prohibited by this Rule, provided all other 
applicable standards are met. 

(4) In order to avoid weakening the protective nature of 
primary and frontal dunes a structural accessway 



13:11 



NORTH CAROLINA REGISTER 



December 1. 1998 



915 



APPROVED RULES 



(such as a "Hatteras ramp") shall be provided for any 

off-road vehicle (ORV) or emergency vehicle access. 

Such accesswBN's shall be no greater than 10 feet in 

v\idth and shall be constructed of wooden sections 

fastened together over the length of the affected dune 

area. 

(d) Construction Standards. New construction and substantial 

improvements (increases of 50 percent or more in value on 

square footage) to existing construction shall compK with the 

following standards: 

( 1 ) In order to avoid unreasonable danger to life and 
property, all development shall be designed and 
placed so as to minimize damage due to fluctuations 
in ground elevation and wave action in a 100 \ear 
storm. An\ building constructed within the ocean 
hazard area shall compK with the North Carolina 
Building Code including the Coastal and Flood Plain 
Construction Standards. Chapter 34. Volume 1 or 
Section 39. Volume 1-B and the local flood damage 
pre\ention ordinance as required b\ the National 
Flood Insurance Program. If anN pro\ision of the 
building code or a flood damage prevention ordinance 
is inconsistent with an\ of the following AEC 
standards, the more restrictive provision shall control. 

(2) All structures in the ocean hazard area shall be on 
pilings not less than eight inches in diameter if round 
or eight inches to a side if square. 

(3) All pilings shall ha\e a tip penetration greater than 
eight feet below the low est ground ele\ ation under the 
structure; For those structures so located on the 
primar\ dune or nearer to the ocean, the pilings must 
extend to fl\e feet below mean sea le\el. 

(4) All foundations shall be adequate!) designed to be 
stable during applicable fluctuations in ground 
ele\ ation and wa\e forces during a 100 \ear storm. 
Cantile\ered decks and walkwa\s shall meet this 
standard or shall be designed to break-aw a\ w ithout 
structural damage to the main structure. 

Hisiojy Xote: Filed as a Temporaiy Amendmeni Ejf. June 20. 

1 989. for a period of 1 80 dens to expire on December 1 '. 1989: 

Authority G.S. 113A-10'la): 113A-10'lb): 

115A-113lb)l6la..b..d: 1I3A-124: 

Eff.Junel. 19-9: 

Amended Eff. August 3. 1992: December 1. 1991: March 1. 

1990: December 1. 1989: 

RRC Objection Eff'. Xovember 19. 1992 due to amhiguit}-: 

RRC Objection Eff. January 21. 1993 due to ambiguity: 

Amended Eff. March I. 1993: December 28. 1992: 

RRC Objection Eff. .March 16. 1995 due to ambiguity: 

Amended Eff. April L 1999: December 1. 1996: Februaiy 1. 

1996: May 4.1995. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER 108 - HUNTING AND TRAPPING 



SECTION .0200 - HUNTING 

.0207 RABBITS > 

(a) Open Season: The open season for taking rabbits shall be V 
the first Saturday preceding Thanksgiving through the last da\ 
of FebruaiA. 

(b) Bag Limits: The daih bag limit shall be five. The 
possession limit shall be 10. The season limit shall be 75. 

(c) Box-traps: During the hunting season specified in 
Paragraph (a) of this Rule and subject to the bag. possession and 
season limits set forth in Paragraph (b) of this Rule, rabbits may 
be taken w ith box-traps. A valid hunting license shall serve as 
a transportation permit for li\e rabbits taken pursuant to this 
Rule. 

HistoiyXote: Authority G.S. 113-134: 113-2-4: 113-291.1: 

113-291.2: 

Eff. Februaiy I. 19-6: 

.Amended Eff. July 1. 198-: .July 1. 1986: July 1. 1985: July 1. 

1984: 

Temporary .Amendment Eff. .August 1. 1998: 

.Amended Eff. April 1 . 1999. 



TITLE 17 - DEPARTMENT OF REVENUE 

CHAPTER 5 - CORPORA Z FRANCHISE, 
INCOME, AND INSURANCE TAXES 

SUBCHAPTER 5B - FRANCHISE TAX 

SECTION .1300 - INVESTMENT IN TANGIBLE 
PROPERTIES IN NORTH CAROLINA BASE 

.1304 CARRIER OPERATIONS PROPERTY 
EXEMPT FROM INVESTMENT BASE 

History Note: Authorities. 105-122: 105-262: 
Eff. Februaiy 1 . 19-6: 
.Amended Eff. January- 1 . 1994: 
Repealed Eff. October 1. 1998. 



i 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 

CHAPTER 3 - NORTH CAROLINA BOARD OF 
.ATHLETIC TRAINER EXAMINERS 

SECTION .0500 - ATHLETIC TRAINER PROTOCOL 

.0501 MINIMUM REQUIREMENTS 

The practice protocol for each athletic trainer pursuant to G.S. 
90-523(2) shall be a general outline of practices for which the 
athletic trainer has been trained and shall be indi\ idualized to A 
accommodate the skills of the athletic trainer The practice 
protocol shall not allow the athletic trainer to undertake medical 



916 



NORTH C.AROLIXA REGISTER 



December /, 1998 



13:11 



APPROVED RULES 



diagnosis or to prescribe or dispense prescription drugs or 
prescription devices. The practice protocol shall not allow the 
athletic trainer to independently provide treatments for athletes 
with fractures, head or spinal injuries, or other serious medical 
conditions, except the athletic trainer may render appropriate 
first aid or emergency care. The protocol shall specify 
provisions for physician involvement in the event of serious 
injuries. The athletic trainer and the physician shall sign and file 
a statement with the North Carolina Medical Board agreeing to 
abide by the protocol. The format of the protocol shall be 
typewritten on letter size paper. 

HistO}y Note: Authority G.S. 90-523: 90-525; 
Temporan- Adoption Eff. March 16. 1998: 
Eff. Men- L 1999. 



(b) Candidates for the cosmetologist examination shall bring 
two mannequins that conform with applicable requirements set 
forth in 21 NCAC 14N .0105. 

(c) Candidates for the cosmetologist teacher and manicurist 
teacher examinations shall bring a kit containing the supplies 
necessary to perform all services required by the examination. 

(d) Candidates shall not be accepted after roll call. 

(e) No candidates shall be allowed to bring books, electronic 
devices, calculators, papers, or reference materials of any kind 
into the testing room, except as provided in Paragraph (f) of this 
Rule. 

(f) Cosmetology teacher and manicurist teacher candidates 
may use visual aids, prepared in advance, during the practical 
examination. During the lesson planning part of the examination, 
only a text book brought by that candidate may be used. 



CHAPTER 14 - BOARD OF COSMETIC ART 
EXAMINERS 

SUBCHAPTER 141 - OPERATIONS OF SCHOOLS 
OF COSMETIC ART 



Histoiy Note: Authority G.S. 88-10(2): 88-12(2): 
17: 88-21 (a)(16): 88-23: 88-30(4); 
Eff. June 1, 1992; 
Amended Eff. April 1. 1999. 



-16; 88- 



SECTION .0100 - RECORD KEEPING 

.0107 REPORT OF ENROLLMENT 

(a) A cosmetic art school shall report cosmetology 
enrollments to the Board not later than 30 working days after a 
student enrolls in school. A cosmetic art school shall report 
manicurist enrollments to the Board not later than 15 working 
days after a student enrolls in school. If a student's enrollment 
is not reported within 30 working days for cosmetology and 15 
working days for manicurist, the cosmetic art school shall file a 
copy of the student's daily time records when it reports the 
student's enrollment. 

(b) A student whose enrollment has not been properly 
reported to the Board shall not be accepted for either the 
cosmetology examination or the manicurist and no hours will be 
credited. 

(c) A student may only be enrolled in one school for a 
particular course of study during any given time period. 

Histoiy Note: Authority- G.S. 88-23: 88-30: 

Eff. Eebruaiy 1. 1976; 

Amended Eff. April L 1999; August 1, 1998; April 1, 1991; 

January 1. 1989; April 1. 1988. 

SUBCHAPTER 14N - EXAMINATIONS 

SECTION .0100 - GENERAL PROVISIONS 

.0103 GENERAL EXAMINATION INSTRUCTIONS 

(a) All candidates scheduled for an examination shall bring: 

( 1 ) their social security number; 

(2) a form of identification with a current picture; 

(3) a kit containing all supplies necessary to perform all 
services required by the examination; 

(4) a No. 2 pencil: and 

(5) the examination notification. 



13:11 



NORTH CAROLINA REGISTER 



December 1, 1998 



917 



RULES REVIEW COMMISSION 



1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursday. December 17. 1998. 
10:00 a. m. . at 130~ Glenwood .4ve.. Assembly Room. Raleigh. AC Anyone wishing to submit written comment on any rule 
before the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners by 
.Monday. December 14. 1998, at 5:00 p.m. Specific instructions and addresses may be obtained from the Rules RevieM' 
Commission at 919-'^33-2^2 1. Anyone wishing to address the Commission should notif' the RRC staff and the agency at least 
24 hours prior to the meeting. 



{ 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Teresa L. Smallwood, Vice Chairman 

Jim Funderburke 

Vemice B. Howard 

Piiilip O. Reduine 

Da\ id T\\idd\ 



Appointed by House 

Paul Powell. Chairman 

Anita White. 2'"' Vice Chairman 

Mark Garside 

Steve Rader 

Georae Robinson 



RULES REVIEW COMMISSION MEETING DATES 

December 1 7. 1 908 Januan. 2 1 . 1 QQ9 



RULES REVIEW COMMISSION 

October 22, 1998 
MINUTES 

The Rules Revie\s Commission met on October 22. 19Q8. in the AssembK Room of the Methodist Building. 1307 Glenwood Avenue, fl 
Raleigh. North Carolina. Commissioners in attendance were Chainnan Paul Powell. Stephen P. Rader. George S. Robinson. Da\ id 
R. Twidd\. Vemice B. Howard. Jim R. Funderburk. Anita A. White, and Mark P. Garside. 

Staff members present were: Joseph J. DeLuca. Staff Director: Bobbv Brvan. Rules Review Specialist; and Sandv Webster. 

The follow ing people attended: 



Noah H. Huffstetler 
Jim Wellons 
Ben Dean 
Lee Hoffman 
Jackie Herbster 
EmiK Lee 
Dedra Alston 
Shirley Bullard 
Jackie Sheppard 
Richard Moore 
Lars Nance 
Jessica Gill 
Charles Jones 
Shamese Ransome 
Portia Rochelle 
Kris Horton 
Ed Nomian 
Scott Perry 
Lisa Thompson 



Kilpatrick Stockton 

JUSTICE'DHHS 

Smith Helms Mulliss & Moore 

DHHS DFSCON 

Kilpatrick Stockton 

Transportation 

DENR 

DHHS Division of Public Health 

DHHS DFS 

DHHS Controller's Office 

JUSTICE/Wildlife Resources Commission 

DENR Coastal Resources Commission 

DENR/Coastal Resources Commission 

DHHS/Social Services 

DHHS/DMA 

DHHS/Social Ser\ ices 

DENR 

JUSTICE/Criminal Justice Standards 

JUSTICE/Criminal Justice Standards 



( 



APPROVAL OF MINUTES 



918 



NORTH CAROLINA REGISTER 



December I, I99S 



13:11 



RULES REVIEW COMMISSION 



The meeting was called to order at 10:05 a.m. with Chairman Powell presiding. He asked for any discussion, comments, or 
corrections concerning the minutes of the September 1 7, 1998 meeting. There being none, the minutes were approved. 

FOLLOW-UP MATTERS 

12 NCAC 1 1 .0501, .0502, .0504, and .0505: JUSTICE/NC Alarms Systems Licensing Board - Rule .0501 was withdrawn by the 
agency and the rewritten rules submitted for .0502, .0504, and .0505 were approved by the Commission. 

14A NCAC 7 .0313: CRIME CONTROL AND PUBLIC SAFETY - The rewritten rule submitted by the agency was approved by 
the Commission. 

15A NCAC 7H .1705: DENR/Coastal Resources Commission - The rewritten rule submitted by the agency was approved by the 
Commission. 

15A NCAC 13B .1624: DENRy'Commission for Health Services - No response was received from the agency on this rule. 

19A NCAC 2D .0816: DEPARTMENT OF TRANSPORTATION - The rewritten rule submitted by the agency was approved by 
the Commission. 

LOG OF FILINGS 

Chairman Powell presided over the review of the log and all rules were unanimously approved with the following exceptions: 

4 NCAC 3B .0101 : COMMERCE/Banking Commission - The Commission objected to this rule due to lack of statutor\ authority 
and lack of necessity. Paragraphs (b) an'^; (d) are not consistent with G.S. 1 50B-20 and thus there is no authorit)' for them. If they 
were consistent. the\ would repeat the statute and be unnecessary. 

4 NCAC 3B .0102: COMMERCE/Banking Commission - The Commission objected to inis rule due to lack of statuton,' authority, 
ambiguity, and lack of necessity. Paragraph (a) is not consistent with G.S. 1508-21. 2 and if it were it would be unnecessary,' because 
it would repeat the statute. In (c). it is not clear when the agencx will publish in three newspapers. 

4 NCAC 3B .0103: COMMERCE/Banking Commission - The Commission objected to this rule due to lack of statutory authority. 
In (b), there is no authority cited for requiring 10 days notice to make an oral presentation. "Good cause" also is not the specific 
guidelines necessary for an agency to waive a rule pursuant to G.S. 150B-I9(6) in (b) or (c). Paragraph (e) is not consistent with G.S. 
150B-2 1.2(f). Paragraph (h) is not consistent with G.S. 150B-2 1.2(h) b\ limiting requests to persons it defines as "interested" and 
requiring the request to be in writing. Paragraph (i) is not consistent with G.S. 150B-21 .2(i). 

4 NCAC 3H .0002: COMMERCE/Banking Commission - The Commission objected to this rule due to lack of statutory authority. 
The S3. 000 application fee in (2) is not consistent with the $5,000 application fee set in G.S. 53-21 1(a). 

The remaining rules from the Banking Commission were withdrawn b\ the agency. 

10 NCAC 3 R .6112: DHHS Medical Care Commission - The Commission objected to this rule due to lack of statuton.' authority and 
necessitN'. The Commission determined that there is no authority for the agencN to predetermine from whom applications can be taken 
and the rule is not necessary for the agency to perform its statutory fiinction. Commissioners Rader, Funderburk, and Howard voted 
not to object to the rule. 

12 NCAC 9B .0301 : JUSTICE/Criminal Justice Education & Training Standards Commission - The Commission objected to this 
rule due to lack of statutor> authorit} and necessity. Unless there are instructors or certifications still subject to (b). it appears to be 
unnecessary (beyond an> historical significance) and should be deleted. There is no authority for the provision in (d) requiring 
instructors to meet any continuing education courses "deemed necessary and appropriate b\ the Commission" unless these 
requirements are set out in rules. If this requirement refers to "instructor updates" set out in other rules, then that is not clear. There 
is actually no authority cited for requiring any continuing education or recertification for instructors in general, although there is for 
instructors for "radio microwave, laser, and other electronic speed-measuring instruments." G.S. 17C-6( 12). 

12 NCAC 9B .0603: JUSTICE/Criminal Justice Education & Training Standards Commission - The Commission objected to this rule 
due to lack of statutory authority. There is no authority to incorporate by reference an agency's own manual, as set out in (b) or to 
require compliance with it. as set out in (a). 



13:11 NORTH CAROLINA REGISTER December L 1998 919 



RULES REVIEW COMMISSION 



15A NCAC 6E .0105: DENR,/Soil and Water Conservation - This rule was withdrawn b\' the agency. 

15A NCAC lOF .0301: DENR/Wildlife Resources Commission - The Commission objected to this rule due to lack of statutorv' 
authoritx. There is a waiver provision in (g)( 1 ) allowing the Executive Director of the WRC to permit enclosed swimming areas to 
exceed 5000 square feet. There are no guidelines specified, as required by G.S. 1508-19(6). for exercising that waiver. 

15A NCAC 16A .0101 : DENR/Commission for Health Services - The Commission objected to this rule due to lack of necessity. 
There are no substantive requirements, prohibitions, or allowances in this rule. 

15A NCAC 18A .2522: DENRv Commission for Health Services - The Commission objected to this rule due to lack of statutory 
authority. There is a waiver provision in (g) but there are no specific guidelines for exercising the waiver. 

15A NCAC 18A .2537: DENR Commission for Health Services - The Commission objected to this rule due to lack of statutory 
authoritv. There is no authority cited for the provision in (c) requiring a s\\ imming pool operator to meet certain educational criteria. 
There are also no standards cited for approving "a course of instruction" referred to in (c). 

I5A NCAC 18A .2804: DENR' Commission for Health Services - The Commission objected to this rule due to ambiguity. It is 
unclear what is meant bv or who are meant by "...sources that are regulated b\ ..." in (a). It is unclear how a child care center is to 
make this determination. v\hat their responsibilitv is in attempting to make this determination, and hov\ to determine if thev have 
complied. Compare this paragraph to (f) which is prettv straight forward. 

15A NCAC 18A .2808: DENR' Commission for Health Services - The Commission objected to this rule due to ambiguitv. It is 
unclear what constitutes an "approved source" for ice or how that is determined. 

I5A NCAC 18A .2827: DENR/' Commission for Health Services - The Commission objected to this rule due to lack of statutory 
authority. In (c) there is a provision for the department to approve "partition, screen or other means..." to separate a sick child. TTiere 
are no standards set for such approval and thus no authority for this provision, i ne that when it was the Environmental Health 
Specialist, a local official and one outside the control of the agencv. then it v\as acceptable for that official to make its own individual 
decision without any written guidelines or rules. 

15A NCAC 18A .2833: DENR' Commission for Health Services - The Commission objected to this rule due to ambiguitv. It is 
unclear in (b) what constitutes a swimming or wading pool that is a "permanent structural feature" of the child care center. 

21 NCAC 32F ,0003: NC MEDICAL BOARD - This rule was returned to the agencv for failure to complv with the APA which 
requires a 15 day notice period. 

DIRECTOR'S REPORT 

Elections are tentative!) scheduled for next month. The Commissioners approved a lease for the same office space for another vear. 
COMMISSION PROCEDURES AND OTHER MATTERS 

The next meeting will be on November 19, 1998. 

The meeting adjourned at 12:55 p.m. 

RespectfulK submitted. 
Sandv Webster 



92n NORTH CAROLINA REGISTER December I, 1998 13:11 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law .Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of the 
decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office of 
Administrative Hearings. (919) 733-2698. Also, the Contested Case Decisions are a\-ailablc on the fnlernet at the following 
address: http: www.siate.nc.us OAH hearings decision caseindex.htm. 



OFFICE OF ADMINISTRATIVE HEARINGS 

Chief Administrative Law Judge 

JULIAN MANN. Ill 

Senior .Administrative Law Judge 

FREDG. MORRISON JR. 

ADMIMSTRATII E LAU Jl DGES 



Sammie Chess Jr. 
Beecher R. Gray 
Melissa Owens 
Meg Scott Phipps 



Robert Roosevelt ReilK Jr. 
Dolores O. Smith 



.4GENCV p. 

.ALCOHOLIC BE\ ERAGE CONTROL COMMISSION 

.Alcoholic Bc\eragc Control Commis.sion v Kenneth .lerome 
Alcoholic Bexerage Control Commission \ Jesse Jacob Joyner Jr 
Alcoholic Bexerage Control Commission x Trade Oil Companx. Inc 
Alcoholic Bexerage Control Commission \ Pantana Bohs. Inc 
Alcoholic Bexerage Control Comm x Partnership T/.A C & Js Shipxxreck 
Alcoholic Bexerage Control Commission x Axis Entertainment 
Sokha Huor Ramadneh x Alcoholic Beverage Control Commission 
Alcoholic Bexerage Control Commission x Delores \\ illiams AInaqih 
Alcoholic Bexerage Control Commission x A\is Entertainment 
.Alcoholic Bexerage Control Commission x James .Aubrex Stephenson 
.Alcoholic Bexerage Control Commission x Bridgette Dee Williams 
Alcoholic Bexerage Control Commission x Robert Lee, Inc 
Alcoholic Bexerage Control Comm x Partnership. T/A Variet\ Pic Up #21 
Tarus Jackson x Alcoholic Bexerage Control Commission 
Alcoholic Bexerage Control Comm \ Simple Elegance Restaurants, Inc 
Alcoholic Bexerage Control Comm x Daniel Hinton Green 
Alcoholic Bexerage Control Comm v Zaheer Ahmad Bajxxa 

BOARD OE ( ONTRACTORS 

Heritage Pointe Builders. Inc & Patrick Hannon \ Bd ofConlractors 

CRIME C ON TROL AND PI BLIC SAFET\ 

Loretta Battle x Crime Victims Compensation Commission 
Cynthia Austin x Crime Victims Compensation Commission 
Marcella Skaggs x Crime Victims Compensation Commission 
Talmadge E McHenry x Crime Victims Compensation Commission 
Linda Caldxxell Wiggins x Crime Victims Compensation Commission 
Kenneth T L\lle x Crime Victims Compensation Commission 
Shirlex Henrxhand v Crime Victims Compensation Commission 
Brenda Jean Thomas x Crime Victims Compensation Commission 
Tarexlon L Johnson x Crime Victims Compensation Commission 
Mia Thompson-Clark x Crime Victims Compensation Commission 
Godfrex Akenabor x Crime Victims Compensation Commission 
Rutiis K \\ illiams x Department olXrime Control & Public Saletx 



C VSL 




DM L ay 


HI BIlSHLDDEf ISION 


NLMBER 


ALJ 


DECISION 


RLCISTLRdlATION 


97 ABC \2()> 


Phipps 


07/23/98 




97 ABC 14.^8 


Phipps 


06/19/98 




'JS ABC 003.1 


Reillx 


08/21/98 




^» ABC 0293 


Reilllx 


09/17/98 


13 II NCR 933 


98 ABC 0296 


Morrison 


08/19/98 




98 ABC 03.^7*' 


Reillx 


07/02/98 




98 ABC 0382 


Smith 


06/30/98 


13 03 NCR 350 


98 ABC 0392 


Chess 


07/30/98 




98 ABC 0401 »■ 


Reilly 


07/02/98 




98 ABC 0494 


Chess 


09/01/98 




98 ABC 0501 


Reillx 


08/11/98 




98 ABC 05 18 


Grax 


08/11/98 




98 ABC 07 1 4 


Morrison 


10/09/98 




98 ABC 0768 


Smith 


07/13/98 




98 .ABC 0850 


Phipps 


10/26/98 




98 ABC 0889 


Morrison 


11/06/98 




98 ABC 0960 


Oxxens 


10/30/98 




97 LBC 0243 


Phipps 


08/17/98 




97 CPS 0654 


Grax 


08/10/98 




97CPS 1499 


Reillx 


08/12/98 


1 3 05 NCR 533 


98 CPS 0065 


Oxxens 


06/05/98 




98 CPS 01 16 


Grax 


06/24/98 




98 CPS 01 53 


Chess 


08/27/98 




98 CPS 0176 


Reillx 


07/06/98 




98 CPS 0263 


Morrison 


08/11/98 




98 CPS 0314 


Morrison 


08/11/98 




98 CPS 0327 


Reillx 


09/02/98 




98 CPS 0349 


Chess 


05/14/98 




98 CPS 0427 


Oxx ens 


10/30/98 




98 CPS 0676 


Morrison 


1 0/23/98 





13: II 



NORTH CAROLINA REGISTER 



December 1, 1998 



921 



CONTESTED CASE DECISIONS 



AGENO 

Faye E Powell v Crime Victims Compensation Commission 
Huben Lee Grant v Crime Victims Compensation Commission 
Mar. Elizabeth Troutman v Crime Victims Compensation Comm 
Brenda H Alston \ Crime Victims Compensation Commission 
Shiries P Chen \ Crime Victims Compensation Commission 

ENMRONMENT AND NATl RAL RESOl RCES 

Ladane Williamson and Odell Decarol Williamson v DENR 
Teresa Hef in \ Department ot'EnMronment and Natural Resources 
Ronald Prater v Department of Environment and Natural Resources 
James F Smith v Department of Environment and Natural Resources 
William Hickman v Department of Environment and Natural Resources 
Hickorv Alliance v Department of Environment and Natural Resources 
and 

Godt'rev Lumber Companv. Inc 
John M Silv la \ Department of En\ ironment and Natural Resources 
Godfrev Lumber Companv. Inc v Dept /Environment & Natural Resources 
and 

Hickorv Alliance 
Oregon. B Jackson. Brenda R Jackson v Greene Ct\ HIth Dept . ENR 
Robert G GotT. Sr \ Department of Environment and Natural Resources 
Scotland Water, Cedar Circle \ Environment and Natural Resources 
Wbmble & Companv v Dept of Environment and Natural Resources 
Eric Glenn Harrison v Environment and Natural Resources 
Robert G GotT. Sr \ Department of Environment and Natural Resources 
Wilbur E Earp \ Department of En\ ironment and Natural Resources 
NorellBahrsv Carteret Ct\ Health Dept , DENR 
Charles Davis v Department of Environment and Natural Resources 

Division of Coastal Management 

Preston Warren v Division of Coastal Management. Wilmington. NC 

Division of Environmental Health 

Gerald P Sigal v DENR. Division of Environmental Health 

Division of Environmental Management 

Save Our Rivers. Inc - et Si V Town of Highlands. EHNR. Env Mgmt . 

William W Cohev. Jr. Secretarv 
US Dept of the Interior Natl Park Svce. v. Environmental Mgmt. Comm 

Division of Marine Fisheries 

Ladv LaShanda Melvin Brvant v EHNR. Division of Marine Fisheries 

Gerald Moore, et al s DENR. Division of Marine Fisheries 

Division of Solid fl aste Management 

Steve Aldndge. et al \ DENR. Di\ ision of Solid Waste Management 

Division of (( ater Quality 

Ravmond I. Martin \ DENR. Division of Water Qualm 

Worslev Oil Companies. Inc v DENR. DWQ Groundwater Section 

Silver Bullet. Inc \ DENR. Division of Water Qualitv 

HEALTH AND HI NLAN SER\ K ES 

Sianlev C Ochulo V OtT/Administrative Hearings. Mr R Marcus Lodge 

Oliver C Johnson. Hazel T Johnson v Health and Human Services 

Louise Streater v Health and Human Sen ices 

Richard E Lavvience. Rebecca , A Lavvience v Health and Human Services 

John Da\ id Brinson \ Depanment of Human Resources 

Stephanie Wade v Department of Health and Human Services 

Carolyn L Freeman v Depanment oi Human Resources 

Otis L Mack. Jr V Office of .Administrative Hearings 

Christopher Germano. Lee Germano v Department of Health 

E Jean Woods v EDS - Medicaid 

Division of Child Development 

Dulatoun Presbvlerian Children's Ctr v DHHS. Child Development 
Cassandra Mvers v Di\ ision of Child Development 
Dulatown Presbvlenan Children Ctr v DHR. Child Development 
Doras Child Development Center v Mecklenburg Ct\ DSS. and DHR 

Division of Facility Services 

Pearlie W Lavvson \ DHHS. Facility Svcs . Health Care Personnel Reg 
Annie K Morgan v Health &. Human Sen ices . Facility Sen ices 
Mooresvillc Hospital Mgmt .Associates. Inc db a Lake Norman Regional 



CASE 




MMBER 


AU 


98 CPS 0808 


Owens 


98 CPS 0839 


Morrison 


98 CPS 0901 


Smith 


98 CPS 0952 


Phipps 


98 CPS I0I5 


Phipps 


96EHR 1926 


Grav 


97 EHR 0409 


Morrison 


97EHR045I 


Reilly 


97 EHR 1365 


Chess 


97 EHR 1388 


Grav 


97 EHR 1607 


Reillv 


97 EHR 1646 


Chess 


97 EHR 1676 


Reillv 


98 EHR 0042 


Reilh 


98 EHR 0072'- 


Gray 


98 EHR 0236 


Smith 


98 EHR 0345 


Chess 


98 EHR 0373 


Reillv 


98 EHR 0448*- 


Grav 


98 EHR 0606 


Smith 


98 EHR 0884 


Owens 


98 EHR 0890 


Owens 


98 EHR 01 77 


Phipps 


98 EHR 0051 


Smith 


91 EHR 0377 


Gray 


98 EHR 0410 


Smith 


97 EHR 1459 


Grav 


98 EHR 0322 


Owens 


98 EHR 0665 


Chess 


98 EHR 0590 


Grav 


98 EHR 0735 


Chess 


98 EHR 0931 


Chess 


98 DHR 0021 


Reillv 


98 DHR 0090 


Gray 


98 DHR 01 96 


Gray 


98 DHR 0209 


Phipps 


98 DHR 0369 


Owens 


98 DHR 0666 


Reilh 


98 DHR 0721 


Grav 


98 DHR 0729 


Phipps 


98 DHR 0780 


Owens 


98 DHR 1118 


Gray 


98 DHR 0654 


Gray 


98 DHR 0948 


Owens 


98 DHR 1112 


Morrison 


98 DHR 1184 


Phipps 


97 DHR 1034 


Becton 


97 DHR 1046* 


Phipps 


97 DHR 1209 


Reillv 



DATE OF 
DECISION 

08/28/98 
10/21/98 
II/I2/98 
1 1 /1 0/98 
09/17/98 



09/01/98 
07,'29/98 
07/02/98 
07/17/98 
11/06/98 
07/17/98 



06/03/98 
07/1 7/98 



07/02/98 
06/25/98 
06/09/98 
11/05/98 
08/28/98 
06/25/98 
10/21/98 
1 1 /02/98 
11/09/98 



10/05/98 

10/02/98 

07/30/98 
08/20/98 



07/20/98 
10/08/98 



09/09/98 



09/21/98 
08/24/98 
08/20/98 



06/24/98 
07/08/98 
06/03/98 
07/15/98 
08/1 7/98 
08/19/98 
08/05/98 
09/09/98 
07/28/98 
10/26/98 



08/06/98 
09/03/98 
10/16/98 
09/25/98 



07'30/98 
07/23/98 
06/23/98 



PI BLISHED DECISION 
REGISTER CITATION 



13.I0NCR 853 



13.07 NCR 609 



13 11 NCR 928 



I 



i 



13:06 NCR 578 



13:09 NCR 797 



13:07 NCR 617 



( 



922 



NORTH CAROLINA REGISTER 



December 7, 1998 



13:11 



CONTESTED CASE DECISIONS 



AGENO 



CASE 
NliMBER 



ALJ 



DATE OF 
DECISION 



PI BLISHED DECISION 
REGISTER CITATION 



Medical Center V DHR. Facilm Services. Cenificate of Need Section 

and 
Autumn Corporation and McKinley V Jumes 
Warren Moore & Catherine Moore \ DHR. Di% of Facilm Senices 
Constellation Health Sersices. Inc and Constellation Senior Sersices. 
Inc V DHR. Facility Sen ices. Group Care Licensure Section 

and 
Diversified Health Group. LLC and The Innovative Health Group. Inc 
Dialysis Care of NC. LLC. d/b/a Dialysis Care of Rowan County 

V DHR. Division of Facility Sen ices. Certificate of Need Section 

V Biomedical Applications of NC. Inc d/b/a BMA of Kannapolis d/b/a 
Metrohna Kidne\ Center of Rannapolis (Lessee) and Metrolina Nephrology 
Associates. PA (Lessor) 

Robin .Annene Reavis \ Health and Human Svcs.. Div. of Facility Svcs 
Jennifer Blofeld v DHHS. Facility Svcs . Health Care Personnel Registn 
Sunliie Retirement Home. Winnie Jane Johnson v DHR. Facility Sen ices 
Helen Shokoti v Health and Human Sen ices. Div of Facility Sen ices 
Ann Davis Rest Home \ Group Care Licensure Section 
Diane Lingard \ DHR. Facilin. Svcs. Health Care Personnel Reg 
KimberK .Annette Smith Hull \ DHHS. Division of Facility Sen ices 
Deborah .A.nn Holt \ DHHS. Division of Facility Sen ices 
Tern Michelle Tyler \ Health & Human S\cs. Di\ of Facility Sen ices 
Dons Jones Holmes \ DHHS. Facility S\cs. Health Care Personnel Reg 
Annie K Morgan \ Health & Human Senices . Facility Senices 
Shirlev Bouling x DHHS. Facihn Senices. Health Care Personnel Reg 
Johnnie E Williams \ DHHS. Division of Facility Senices 
Christy Jeton Hall \ DHHS. Division of Facility Senices 
Latonia Denise Thomas v DHHS. Division of Facility Senices 
Tracey Deirde Gallouav \ DHHS. Facility Svcs . Health Care Per Reg 
Rose Mane Hadle\ \ DHHS. Division of Facility Senices 

Division of Medical Assistance 

Charlotte- .Mecklenburg Hospital Authority, d/b/a Carolmas Medical Ctr. 
and Harp. Mahannah. M D \ DHHS. Division of Medical Assistance 
.Alic F Schneider. Julia R Hammonds v DHHS. Medical Assistance 

Division of Social Services 

William & Crystal Steaklev \ DHHS. Dnision of Social Senices 

Raji Abdus-Salaam \ Department of Human Resources. DSS-DCA 

Child Support Enforcement Section 
Robert H Black \ Guillbrd County Child Suppon Enforcement 
Dorman E Drake v Department of Human Resources 
Garry R McNeill v Department of Human Resources 
Robert Alan Da\ is \ Department of Human Resources 
Michael W White v Department of Human Resources 
Troy R- Emmons. Jr \ Department of Human Resources 
Man in A. Pike v Department of Human Resources 
Mars Putnam .Aven. \ DSS. Durham County Child Suppon Entbrcement 
Gilbert G Gra\ \ Department of Human Resources 
Herben Leon Sellers \ Department of Human Resources 
David W Da\ is \ Department of Human Resources 
Dale W Hutchinson \ Department of Human Resources 
Joe A Lsnch \ Department of Human Resources 
Kenneth Eugene Scott \ Department of Human Resources 
Mark Owens Frink \ Department of Human Resources 
Jeffery LeeGra\es\ Department of Human Resources 
Donald L Carr. Jr \ Depanment of Human Resources 
Man in Diggs \ Department of Human Resources 
Michael Patrick D\me \ Department of Health & Human Senices 
Sherman L .Arnold Sr \ Depanment of Health & Human Senices 
Dennis Lee McNeill \ Depanment of Human Resources 
BvronO .Ashby 11 \ Depanment of Human Resources 
Hubert L Momson \ Depanment of Human Resources 
Robert .Alan Da\ is \ Department of Human Resources 
Larrv S Robinson \ Child Suppon Enforcement .Agency 
Darn I C Thompson v Depanment of Health & Human Senices 
Darn I C Thompsons Depanment of Health & Human Senices 
Michael Anthony Hill \ Depanment of Human Resources 
Joseph L Hill \ Department of Human Resources 
Michael .A Wilder \ Department of Human Resources 
Bills Anthony Jr s Depanment of Human Resources 
Alton D Bagles s Depanment of Human Resources 
Bemel B Berry Jr s Depanment of Human Resources 



97 DHR 1279 
97 DHR 1529 



97 DHR 1588 



Mann 
Grav 



Phipps 



09/08/98 
06/24/98 



08/31/98 



97 DHR 1672 


Reilly 


08/12/98 


98 DHR 0096 


Gray 


08/21/98 


98 DHR 0124 


Phipps 


06/11/98 


98 DHR 0173 


Chess 


08/26/98 


98 DHR 0197 


Phipps 


06/23/98 


98 DHR 02 14 


Becton 


06/22/98 


98 DHR 0239 


Phipps 


06/23/98 


98 DHR 0348 


Phipps 


06/22/98 


98 DHR 0458 


Gray 


08/21/98 


98 DHR 0463 


Gray 


08/21/98 


98 DHR 0496*'- 


Phipps 


07/23/98 


98 DHR 0547 


Gra\ 


11/09/98 


98 DHR 0639 


Reiily 


07/02/98 


98 DHR 0706 


Gray 


10/12/98 


98 DHR 0809 


Gray 


10/23/98 


98 DHR 0824 


Gray 


09/24/98 


98 DHR 0970 


Smith 


10/08/98 


97 DHR 062 1 


Smith 


07/08/98 


98 DHR 0994 


Momson 


10/29/98 


98 DHR 0076 


Gray 


07/20/98 


98 DHR 0771 


Ossens 


07/30/98 


96CRA 1548 


Mann 


10/09/98 


96CRA 1717 


Smith 


08/25/98 


96 CRA 1 743 


Reilly 


10/22/98 


96CR.A 1781*' 


Phipps 


08/20/98 


96 CRA 1784 


Gras 


09/25/98 


96 CRA 1798 


ReilK 


08/25/98 


96CR.A 1814 


Chess 


09/24/98 


96 CRA 1 849 


Momson 


09/01/98 


96CR.A 1858 


Momson 


10/08/98 


96CR.A 1932 


Smith 


11/06/98 


96 CRA 1976 


Smith 


11/06/98 


96CR.A 1981 


Mann 


08/26/98 


97 CRA 0045 


Phipps 


10/09/98 


97 CRA 1232 


Chess 


11/06/98 


97 CR-A 1 524 


Mann 


10/09/98 


98 CRA 0137 


Becton 


06/23/98 


98 CR,A 0545 


Reills 


06/08/98 


98 CR.A 0588 


Reills 


06/24/98 


98 CR,A 0787 


Gras 


09/17/98 


98 CR,A 1 1 52 


.Mann 


10/28/98 


96CSE 1305 


Gras 


06/22/98 


96CSE 1435 


Mann 


07/15/98 


96CSE 1649 


Reills 


08/12/98 


96CSE 1780*" 


Phipps 


08/20/98 


96CSE 1848 


Gray 


11/05/98 


96CSE1854*" 


Chess 


09/01/98 


96CSE 1902*" 


Chess 


09/01/98 


96CSE2028 


Mann 


08/26/98 


97 CSE 0624 


Chess 


11/06/98 


97CSE 1301 


Chess 


07/17/98 


97 CSE 1393 


Reilly 


06/24/98 


97 CSE 1424 


Chess 


06/02/98 


97 CSE 1435 


Smith 


06/12/98 



13:1J 



NORTH CAROLINA REGISTER 



December 1. 1998 



923 



CONTESTED CASE DECISIONS 



AGENCY 

Darn. I Simpkins v Department of Health & Human Services 

Anthonx Momgomen. \ Department of Human Resources 

Joseph Gerard McPhilhps \ Department of Human Resources 

Terri Letterman \ Department of Human Resources 

WilhamE Mmes \ Department of Human Resources 

Christopher Alan \ Department of Human Resources 

Annette Chipman \ Department of Human Resources 

Paul J Moble>.Jr\ Department of Human Resources 

Alvin G Piper \ Department of Health & Human Services 

Robert A Sherer\ Department of Human Resources 

Rodne\ A Morrison \ Department of Human Resources 

Gregop. Andre Broun \ Department of Health & Human Services 

Rodger Hazen il \ Department of Human Resources 

Wade A Burgess \ Depanment of Human Resources 

Roben L Robinson \ Depanment of Human Resources 

Jamie A Hum \ Depanment of Health & Human Services 

Renardo Jenkins v Department of Human Resources 

Anthonv Lovev Depanment of Human Resources 

Steven Kent Gold v Depanment of Human Resources 

Lerov J Poole v Depanment of Human Resources 

Hoval A McLean v Depanment of Health & Human Ser^ices 

Michael Bernard Hill \ Department of Health &. Human Sen ices 

Charlie RatlitTJr v Depanment of Health & Human Services 

Donald W Lee v Depanment of Health & Human Services 

Bobbv D Cook \ Depanment of Health & Human Services 

John B Hall V Depanment of Human Resources 

Demck A Brinion v Department of Human Resources 

Tabatha D Pate v Department of Human Resources 

Amanda F Blount v Depanment of Human Resources 

Gregorv Cartv (IV =15642061 v Depanment of Human Resources 

Gregorv Cartv il\' = 15641661 v Department of Human Resources 

John L Bullard V Department of Human Resources 

Frank A Conon v Depanment of Human Resources 

Charlie Gray Hunt Jr v Depanment of Human Resources 

Willie R Crtise v Department of Health & Human Services 

Thomas H Lotze. Jr v. Depanment of Health & Human Services 

Robert L Williams v Department of Human Resources 

Patrick Bass \ Depanment of Health & Human Sen ices 

Tauanna Wheeler v Department of Health & Human Sen ices 

Timothv Kinnev v Depanment of Health & Human Sen ices 

Teresa L Gallovvav v Depanment of Health & Human Sen ices 

Nlichael A Looperv Depanment of Health & Human Sen ices 

Kenneth E Strickland v Department of Health & Human Sen ices 

Hovi H Bunt Jr v Department of Health & Human Sen ices 

\'emon Reginald Pinknev v Depanment of Health & Human Sen ices 

Elijah G Deans v Department of Health & Human Sen ices 

James Howard Alexander v Department of Health &i Human Sen ices 

Lee J Coggins v Depanment of Human Resources 

Mark J Houlbrook v Depanment of Health & Human Sen ices 

Henrv A Harriel. Jr v Depanment of Health & Human Sen ices 

Deniira JetTnes v Department of Health & Human Sen ices 

Bnan L Barksdale v Depanment of Health & Human Sen ices 

Karen Mitchell \ Depanment of Human Resources 

\'ickie E Lane vMichael L Adams. Depanment of Human Resources 

Carla P Robinson v Depanment of Human Resources 

Rachel D Farmer v Depanment of Health & Human Sen ices 

Janice Scott Padgett i Fisher i v Department of Human Resources 

Barbara Fama-Blandine v Department of Human Resources 

Sharon Brim v Depanment of Health & Human Sen ices 

Terita M Sharpe v Depanment of Human Resources 

Ruth McFadden v Department of Human Resources 

Division of Women's and Children's Health 

Khamis A Sirhan v DHHS. Womens Children's Health. Nutrition Svcs 
Joseph A, Navvas v DHHS. Women's Children's Health. Nutrition Svcs 
Evelvn Powell v Nutrition Senices Section 

JISTICE 

James Todd Tippel v NC Companv Police Program 

Alarm Systems Licensing Board 

Claude David Hu22ins v .Alarm Sv stems Licensing Board 



CASE 




DATE OF 


MMBER 


ALJ 


DECISION 


97CSE 1436 


Chess 


08/11/98 


97CSE 1442 


Phipps 


06/17/98 


97CSE1467 


Mann 


10/09/98 


97CSE 1492 


Smith 


06/22/98 


97 CSE 1 527 


Mann 


09/08/98 


97CSE 1544 


Chess 


10/16,'98 


97 CSE 1545 


Phipps 


07/23/98 


97 CSE 1568 


Phipps 


06/17/98 


97 CSE 1599 


Phipps 


11/10/98 


97 CSE 1605 


Mann 


07' 15/98 


97 CSE 1611 


Grav 


10/23/98 


97 CSE 1656 


Grav 


08'27/98 


97 CSE 1666 


Chess 


07/17/98 


98 CSE 0071 


Mortison 


06' 12/98 


98 CSE 0130 


Reilly 


07' 15/98 


98 CSE 0307 


Mom son 


07/06/98 


98 CSE 0310 


Smith 


06/23/98 


98 CSE 03 12 


Phipps 


06/23/98 


98 CSE 0333 


Morrison 


07/01/98 


98 CSE 0375 


Reilly 


07/02/98 


98 CSE 0420 


Smith 


07/29/98 


98 CSE 0421 


Becton 


07/15/98 


98 CSE 0449 


Mann 


07/15/98 


98 CSE 0469 


Grav 


11/09/98 


98 CSE 0483 


Reillv 


10/06/98 


98 CSE 0506 


Chess 


07/20/98 


98 CSE 0555 


Smith 


08/07/98 


98 CSE 0556 


Becton 


06/23'98 


98 CSE 0560 


Chess 


07/29/98 


98 CSE 0561*'' 


Phipps 


09/23/98 


98 CSE 0562*- 


Phipps 


09,'23/98 


'58 CSE 0569 


Momson 


08/06/98 


" CSE 0578 


Gray 


10/08/98 


98 CSE 0607 


Smith 


06/22/98 


98 CSE 0653 


Mann 


08'26/98 


98 CSE 0658 


Phipps 


08/31/98 


98 CSE 0682 


Smith 


06/22/98 


98 CSE 0689 


Owens 


09/18/98 


98 CSE 0691 


Owens 


10/09/98 


98 CSE 0728 


Smith 


09/17,'98 


98 CSE 0769 


Becton 


07/30'98 


98 CSE 0783 


Chess 


09/08/98 


98 CSE 0817 


.Mann 


09/08/98 


98 CSE 0818 


.Momson 


09/15/98 


98 CSE 0833 


Owens 


07/29/98 


98 CSE 0867 


Phipps 


07,'20/98 


98 CSE 0869 


Reilly 


08/06/98 


98 CSE 0894 


Smith 


08/20/98 


98 CSE 0949 


Smith 


09/08/98 


98 CSE 0975 


Chess 


09/01/98 


98 CSE 1036 


Momson 


09/15/98 


98 CSE 1052 


Momson 


10/09/98 


98 CSE 1095 


Reilly 


10/06 '98 


96 DCS 2105 


Gray 


07/08/98 


97 DCS 0124 


Reiily 


11/10,'98 


97 DCS 0251 


Phipps 


08/31 '98 


97 DCS 1219 


Smith 


07/29/98 


97 DCS I486 


Momson 


06/22/98 


97 DCS 1574 


Gray 


08/04/98 


98 DCS 0468 


Momson 


06/09/98 


98 DCS 0675 


Reiily 


07/ 15 '98 


98DHR02I9 


Reilly 


08/11/98 


98 DHR 0637 


Phipps 


07/02/98 


98DHR 1135 


Smith 


11 13/98 


97DOJ 1368 


Phipps 


09/10 98 


98DOJ0871 


Momson 


07/09'98 



PI BLISHED DECISION 
REGISTER CITATION 



i 



i 



i 



Auctioneer Licensing Board 



924 



NORTH CAROLINA REGISTER 



December 1, 1998 



13:11 



CONTESTED CASE DECISIONS 



AGENO 

Wiley R Tyndall v Auctioneer Licensing Board 
Gavin Havi\' Abadi v Auctioneer Licensing Board 

Education and Training Standards Division 

Thomas Dwayne Brown \ Sheriffs' Education & Training Standards Comm 
Kenneth Joseph Jackson \ Sheriffs' Education & Training Standards Comm 
Odis Fitzgerald Darden v SheritTs' Education & Training Standards Comm 
Kenneth Earl Brantte\ v Criminal Justice Ed & Training Stds Comm 
Hoyle Kenneth Wise. Jr v Sheriffs' Education & Training Standards Comm 
Hearl Oxendine v Criminal Justice Education & Training Stds Comm 
James Farrell Roberts v Criminal Justice Education & Training Stds. Comm 
Phillip Keith McPherson \ Sheriffs' Education & Training Standards Comm 
Dar\l LaMar Bryant \ Sheriffs' Education & Training Standards Comm 
Harold F Esters \ SheritTs' Education & Training Standards Comm 
William Scott Key v Sheriffs' Education & Training Standards Comm 
Cecil W Duke, Jr v Criminal Justice Education & Training Stds Comm 
Amado Martinez v Criminal Justice Education & Training Stds Comm 
Johnn\ Wayne Wills v Criminal Justice Education & Training Stds Comm 
James E Ellerbe v Sheriffs' Education & Training Standards Comm 
Paul Harvey Taylor \ DOJ. Criminal Justice Ed & Training Stds Comm 
Kenneth Joseph Jackson \ SheritTs' Education & Training Standards Comm 
Robert R\an Hardison \ Sheriffs' Education & Training Standards Comm 
Trace> Jerome Clark \ SheritTs' Education & Training Standards Comm 
Ke\ in Lamar Dorsey v Sheriffs' Education & Training Standards Comm 
Willoughby McCormick. Jr v SheritTs' Ed & Training Standards Comm 

Private Protective Services Board 

Claims Verification. Inc v Private Protective Ser\ ices Board 
Walter R Shirer \ Private Protective Serv ices Board 
Stace> L Williams \ Private Protectne Ser\ ices Board 
Eugene Norman Garrett \ Private Protective Sen ices Board 
Dann\ Charles Garrett \ Private Protective Services Board 
Alfred D Malson v Private Protectne Ser\ices Board 
Rodnex Hamilton Marsh \ Private Protective Services Board 
Mel\ in Eugene Davis v Private Protectne Sen ices Board 
Glen Leon Fitchette \ Private Protective Sen ices Board 

LABOR 

Hildreth Mechanical & Maintenance v Labor/Labor Standards 
Labor World. Eric Feinstein v Labor. Hany E Pa\ne. Jr 

BOARD OF MEDICAL EXAMINERS 

Joe D Crawford. M.D \ Medical Bd oINC Bd of Medical Examiners 

PI BLIC INSTRICTION 

Linda & Dann\ Howard for Nikki Howard v DHHS. Murdoch Center 
George & Ruth Sinclair for Adam Sinclair \ Wake Counn Schools 

(Special Education Sen ices) 
Nicholas Eirschele. Bv and Through! His Parents. Charles & Kathleen 

Eirschele\ Craven Count\ Board of Education 
Dewitt Brinson & Elizabeth Brinson \ Craven County Board of Education 
Gene Edward Llo\d \ Department of Public Instruction 
Mrs Ph\ Ills Y Moore \ Cumberland County Schools 
Laney Bruce Hamll \ State Board of Education 

L K on behalf of her son. J H . as well as on her own behalf \ St Bd/Ed 
Joseph J Sarrerro V Depanment of Public Instruction 
M E and her husband. PL . mdiMdualK. and on behalf of their son. C E. 

\ Bd ofEd for Buncombe Ct\ a/k/a Buncombe Ct> Public Schools, et al 
Linda & Dann\ Howard for Nikki Howard \, Lenoir Ctv Bd of Ed 



CASE 




DATE OF 


PI BLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


97 DOJ 1236 


Phipps 


07/24/98 




98 DOJ 1060 


Smith 


10/21/98 




97 DOJ 1319 


Phipps 


07/29/98 




97 DOJ 1578*" 


Grav 


08/20/98 




97 DOJ 1698 


Reil'ly 


06/12/98 




98 DOJ 0046 


Gray 


11/04/98 


13:11 NCR 936 


98 DOJ 0022 


Smith 


07/14/98 




98 DOJ 0121 


Smith 


06/22/98 




98 DOJ 0147 


Smith 


07/16/98 




98 DOJ 0388 


Reilly 


07/24/98 




98 DOJ 0430 


Gray 


07/21/98 




98 DOJ 0431 


Gray 


08/21/98 




98 DOJ 0432 


Becton 


06/08/98 




98 DOJ 0479 


Chess 


10/07/98 




98 DOJ 0526 


Morrison 


09/09/98 




98 DOJ 0574 


Chess 


07/30/98 




98 DOJ 0600 


Morrison 


08/07/98 




98 DOJ 0841 


Phipps 


09/16/98 




98 DOJ 0847*" 


Gray 


08/20/98 




98 DOJ 0878 


Phipps 


09/08/98 




98 DOJ 0879 


Owens 


08/31/98 




98 DOJ 0930 


Phipps 


09/22/98 




98 DOJ 1007 


Reill) 


10/13/98 




98 DOJ 0848 


Smith 


08/04/98 




98 DOJ 0937 


Morrison 


09/17/98 




98 DOJ 0938 


Morrison 


08/18./98 




98 DOJ 0939 


Morrison 


08/18/98 




98 DOJ 1081 


Morrison 


09/17/98 




98 DOJ 1141 


Morrison 


09/29/98 




98 DOJ 1142 


Owens 


11/04/98 




98 DOJ 1145 


Morrison 


09/22/98 




98 DOJ 1 307 


Owens 


11/03/98 




98 DOL 0903 


Mann 


11/04/98 




98DOL 1256 


Gray 


11/05/98 




98BME0870 


Owens 


07/30/98 




97EDC 1047 


Gray 


11/03/98 




97EDC 1233 


Phipps 


08/11/98 




97EDC 1234 


Phipps 


07/16/98 




97EDC 1298 


Phipps 


10/26/98 




98EDC0II0 


Reilly 


09/10/98 




98 EDC 0305 


Gra\ 


08/05/98 




98 EDC 0350 


Smith 


09/17/98 




98 EDC 0370 


Smith 


10/14/98 




98 EDC 0459 


Owens 


08/10/98 




98 EDC 0566 


Gra\ 


10/01/98 





98 EDC 1 047 



Grav 



1 0/30/98 



STATE BAR 

Linda R Sharp \ North Carolina State Bar 



: BAR 1344 



Morrison 



11/09/98 



STATE PERSONNEL 



Department of Correction 

Annie D Dizon \ NC Correctional (Inst ) Center for Women 

Tern T Rees \ Department of Correction 

Mohammad H Baloch. M D \ Department of Correction 

Leon Owens \ Department of Correction 

Tern T Rees \ Department of Correction 

Michael .A Smith v Department of Correction 

Michael A Smith \. Department of Cortection 

laxneD Bledsoe \ Cortection. Di\ of Adult Probation & Parole 



97OSP0I66 


Mann 


11/06/98 


97 0SP 1671*' 


Smith 


06/30/98 


98OSP00I4 


Gra\ 


09/01/98 


98 OSP 0050 


Becton 


07/10/98 


98OSP0I19*' 


Smith 


06/30/98 


98 OSP 023 1 * ' 


Reillv 


08/11/98 


98 OSP 03 17*' 


Reilh 


08/11/98 


98 OSP 0543 


Owens 


07/29/98 



J3:]l 



NORTH CAROLINA REGISTER 



December 7, J 998 



925 



CONTESTED CASE DECISIONS 



AGENCY 

Carl W Craven. II \ Pender Correctional Institution 

ErMn Shaw v Martin Homer. .Asst Super . Corr . Sand> Ridge Corr Ctr 

Joseph Szilag\i \ Department of Correction 

Dennis S Harrell \ Dept ot'Correction, Caledonia Correctional Institute 

Tommy L Hancock v Department ot'Correction 

Tommy L Hancock v Department ot'Correction 

Bertha Darden \ Rasmond Smith & Dept of Correction. Central Prison 

Ruth Mosele\ \ Depanment of Correction 

Lamont M Burt \ Department of Correction 

Nona W Hubtiard \ DOC. Division of Community Corrections 

Robert R Sto\all \ Department of Correction 

Crime Control and Public Safety 

Roger D Da\ is \ Crime Control & Public Safetv'. St Hwy Patrol 
.Alben R- Lmle N Crime Control & Public Safety. Info S\s Specialists 
Thomas E. Carlton \ Crime Control & Public Safety. St H\v\ Patrol 

Employment Security Commission 

Jane B Bolin and Arlene G Sellers \ Emplo\ment Security Commission 
Jane B. Bolin and Arlene G Sellers \ Employment Security Commission 

Environment and Natural Resources 

Charles .Anthon\ Bruce \ ENR. Division of Parks and Recreation 

Health and Human Senices 

.Annette Honea \ Department of Human Resources 

■Angela M Miles \ Cumberland County Department of Social Services 

Shung Fung-Chin \ Department of Human Resources, Caswell Center 

Charm Swick v Cumberland County Depanment of Social Senices 

■^olandra Best and Ro> Hudson v DHHS. John Umstead Hospital 

"t'olandra Best and Ro\ Hudson \ DHHS. John Umstead Hospital 

Kenneth Dippel \ Columbus Countv Dept of Social Senices 

Fred Foster. Jr \ Department of Health and Human Senices 

Shung Fung-Chin \ Department of Human Resources. Caswell Center 

Ruth Holrovd v Montgomery Ct\ DSS. Children's Senices 

Fred Foster. Jr \ Department of Health and Human Senices 

James W Crews \ DHHS. Murdoch Center 

Patricia R Quick s DHHS. Dorothea Di\ Hospital 

.Angela M Miles \ Cumberland County Depanment of Social Senices 

Delores La\ erne Rich \ Health & Human Sen ices. Dorothea Di\ Hosp 

Elwin C Munson \ Health & Human Senices. Juvenile E\aluation Center 

Fred Foster. Jr v Depanment of Health and Human Senices 

Da\id.A Kilpatrick \ Health & Human Senices. Caswell Center 

Fred Foster. Jr \ Depanment of Health and Human Senices 

Laura Blanton \ Cleveland Center 

Anthonv M Ruiz v Depanment of Health & Human Svcs. ^outh Svcs 

Rudolph Waters v DHHS. ^buth Sen ices. Dobbs School 

Euwell Falconer \ Karen .A .Andrews. Gaston-Lincoln .Area .Mental Health 

JetTre\ L Williams \ Dorothea Di\ Hospital 

Barbara Jean Paquette \ Durham County (respondeat superior for the 

Durham County Public Librars ) 
Linda Paige \ Center Point Human Sen ices Forsvth Mental Health 

Forsvlh Industrial S> stems 
Derrick Skinner \ Health & Human Sen ices. Chern Hospital 

Department of Justice 

Linda Maraaret Ross \ State Bureau of ln\ estimation 



Depanment of Public Instruction 
Lillie Bumette Pearsall \ Wa\neCt\ 
Mr Ste\ e Ta\ lor 



Bd of Ed . Mrs Veda McNair and 



CASE 




DATE OF 


PIBLISHED DECISION 


MMBER 


ALJ 


DECISION 


REGISTER CITATION 


98OSP0633 


Smith 


06/25/98 




98OSP067I 


Phipps 


10/09/98 




98OSP0757 


Owens 


10/05/98 




98 OSP 0846 


Momson 


09/08/98 




98OSP088I 


Owens 


08/04/98 




98 OSP 0882 


Owens 


10/09/98 




98 OSP 0905 


Smith 


09/25/98 




98 OSP 1092 


Grav 


10/07/98 




98 OSP 1115 


Smith 


10/06/98 




98 OSP 1214 


Owens 


10/27/98 




98 OSP 1282 


Phipps 


10/26/98 




97 OSP 061 7 


Chess 


05/27/98 




97 OSP II 57 


Momson 


07/22/98 




98 OSP 09 19 


Phipps 


09/24/98 




97 OSP 1122' 


Chess 


06/02/98 




97 OSP 1134*^ 


Chess 


06/02/98 




98 OSP 0240 


ReilK 


06/08/98 




96 OSP 0833 


Chess 


08/24/98 




97 0SPU613*' 


Gra\ 


07/10/98 




97 OSP 0638'" 


Chess 


08/13/98 




97 OSP 0775 


Grav 


07/10/98 




97 OSP 0862*' 


Chess 


08/13/98 




97 OSP 0863* 


Chess 


08/13/98 




97 OSP 0905 


Gray 


11/09/98 




97 OSP 1287*'- 


Smith 


08/20/98 




97 OSP 1530*'" 


Chess 


08/13/98 




97 OSP 1586 


Smith 


05/27/98 


13;02NCR 257 


97 OSP 1701*'= 


Smith 


08/20/98 




98 OSP 0060 


Grav 


07/20/98 




98 OSP 0061 


Becton 


07/16/98 




98 OSP 0084*- 


Gray 


07/10/98 




98 OSP 0120 


Gray 


07/08/98 




98 OSP 0140 


Phipps 


10/28/98 




98 OSP 01 87*'= 


Smith 


08/20/98 




98 OSP 0271 


Owens 


08/13/98 




98 OSP 0403*'= 


Smith 


08'20/98 




98 OSP 0453 


Smith 


10/02/98 




98 OSP 0454 


Grav 


06/04/98 




98 OSP 0474 


Momson 


07/30/98 




98 OSP 0538 


Reillv 


08/06/98 




98 OSP 0595 


Becton 


07/22/98 




98 OSP 0765 


Momson 


08/05/98 




98 OSP 08 19 


Smith 


11/05/98 




98 OSP 1035 


Gray 


09/21/98 




97 OSP 0189 


Chess 


08/14/98 




98 OSP 0944 


Smith 


08/25/98 





i 



i 



Secretary of State 

Jonathan M Demers v Department of Secretarv of State 

Department of Transportation 

Johnnv Shivarv Depanment of Transportation 

LarrvVV Davisv Depanment of Transportation 

Sherry Lvnn Noles v Department of Transportation-NCDMV 

Clarice Goodwin Arthur v Department of Transportation. Femes Division 



97 OSP 1018 


Becton 


07/07/98 


13:03 NCR 343 


97 OSP 1 366 


Reillv 


09/01/98 




98 OSP 0241 


Grav 


07/08/98 




98 OSP 0269 


Chess 


08/1 1 /98 




98 OSP 0864 


Phipps 


09/24/98 





( 



Consolidated Cases. 



926 



NORTH CAROLINA REGISTER 



December 7, 1998 



13:11 



CONTESTED CASE DECISIONS 



AGENO 

University of North Carolina 

Douglas Love. Jr v UNC Hospitals 

Deborah J Fenner \' NC Central Universit\' 

Joyce M Smith v North Carolina Central University' 

Edwin Swam v University of North Carolina at Chapel Hill 

Patricia AG Roberts v Asst /Chan /Qty Mgmt/Dir Human Res UNCW 

Leo Wattbrd. Roosevelt Parris. Claiborne Baker, et al \ University of 

North Carolina at Chapel Hill 
Johnn\ Johnson. Jr \ A & T St University Student LInion-Gnevance Bd 
Jessie L Johnson v Bernard K Locklear, UNC at Pembroke 
Jonathan L Fann \ North Carolina State University Physical Plant 
Greta M Hawthorne \' University of NC al Pembroke 
Robert W Brinson v NC State Universitv 
Alberta .A Ingram-Peterson \ NC Central University 
Fred T Jackson v UNC-Charlotte Recreational Facilities 
Ronnie Bell v Dave Hillard, UNC at Charlotte 

STATE TREASl RER 

Hugh A Wells v Consolidated Judicial Retirement System of NC: 
Bd of Trustees Teachers and State Employees' Retirement System 



CASE 




DATE OF 


PUBLISHED DECISION 


MMBER 


AU 


DECISION 


REGISTER CITATION 


97 OSP 0662 


Reilly 


06/08/98 




97 OSP 0902 


Chess 


05/29/98 




97 OSP 1297 


Smith 


06/25/98 




97 OSP 1 694 


Mortison 


07/31/98 




98 OSP 01 78 


Phipps 


1 0/08/98 




98 OSP 0254 


Chess 


07/17/98 




98 OSP 0299 


Owens 


09/02/98 




98 OSP 0444 


Gray 


09/29/98 




98 OSP 0465 


Becton 


07/17/98 




98 OSP 0831 


Chess 


09/11/98 




98 OSP 0887 


Owens 


08/10/98 




98 OSP 1024 


Smith 


10/14/98 




98 OSP 1216 


Smith 


10/22/98 




98 OSP 1 330 


Smith 


11/10/98 




98DST0316 


Morrison 


06/05/98 


13:01 NCR 166 



TR^\NSPORTATION 

Da\ id Warren Dew et al v Motor Vehicles. Alexander Killens Comm 

IM\ ERSIT\ OF NORTH C AROIJNA 

Patricia D Hall v University of North Carolina at Chapel Hill 
Ladonna P James \ UNC Hospitals 
Joyceline Sellars \ UNC Hospitals 



95 DOT 1144 


Gray 


06/04/98 


98 UNC 0397 


Reillv 


08/20/98 


98 UNC 0591 


Becton 


07/20/98 


98 UNC 1113 


Smith 


10/22/98 



13:11 



NORTH CAROLINA REGISTER 



December 1, 1998 



927 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
BEAl FORT COL \T^ 



IN THE OFFICE OF 

ADMINISTRATIN E HEARINGS 

97EHR 1388 




This matter was heard before Administt-ative Law Judge Beecher R. Gra_\. on September 23. 1998. in A\den. North Carolina, 
on a petition for a contested case hearing to appeal Respondent's assessment of a civil penalt\ in the amount of S4000.00 plus S48 1 .30 
in investigative costs against Petitioner for a discharge of animal waste to waters of the State of North Carolina. 

APPEARANCES 



For Petitioner: 



Mickey Herrin. Esq.. 

Herrin & Morano 

210 South Washington St. 

RO. Box 552 

Greenville. North Carolina 27935-0552 



For Respondent: 



Man. Dee Carrawav 
Associate Attome\ General 
N.C. Department of Justice 
R O. Box 629 
Raleiah, NC 27602-0629 



i 



ISSUE 

WTiether William Hickman violated the water quality laws of the State of North Carolina. specificalK N.C. Gen. Stat. § 143- 
215.1 and 15.A NCAC 2H.0217. b\ discharging animal waste into waters of the State. 

The undersigned makes the following: 

FINDINGS OF FACT 

1 . William Hickman (hereinafter. Petitioner) owned and operated the Hickman Farm located on North Carolina State 
Road 102 in Beaufort Count\. North Carolina. The Hickman Farm was operated as a concentrated swine operation up until the earh 
months of 1997. Currentl_\. the facility is not functioning as a swine operation and there are no animals housed at the Hickman Farm. 

2. The Hickman Farm was "deemed permitted" as a non-discharge facilir\ on Februan. I. 1993 in accordance with 
15ANCAC 2H.0217 and N.C. Gen. Stat. § 143-215.1. Petitioner ne\er obtained a certified animal waste management plan for the 
Hickman Farm. 

3. On Januan. 27. 1997. Carl Dunn, a Di%ision of Water Quality (D\\'0) staff member from the Washington Regional 
Office, \isited the Hickman Farm with emploxees of the United States En\ ironmental Protection Agenc> from the Atlanta Regional 
Office. This was Mr. Dunn"s first visit to this facility. On this date, animals were stocked at the farm and the facility was operating 
as a concentrated swine operation. During the course of this \ isit. Mr. Dunn obsen. ed animal wastewater flowing from three animal 
waste lagoons through ditches cut from the sides of the lagoons. The animal waste flowed through the ditches to a 4-5 foot wide canal £ 
that led to a swamp) area situated behind the Hickman Farm. Vlr. Dunn obser\ed a continuous flow of animal waste from three m 
lagoons through the ditches to the canal and to the swamp\ area. Mr. Dunn also obsen ed se\eral dead animal carcasses on site. Mr. 
Dunn told Petitioner that discharging waste through the ditches and canal to the swamp_\ area was not an appropriate method of 



928 



NORTH CAROLINA REGISTER 



December I. 1998 



13:11 



CONTESTED CASE DECISIONS 



managing animal waste and that the waste should be kept in the lagoons. He also informed Petitioner that he should remove the dead 
animals from the premises. Mr. Dunn told Petitioner that he would return to the farm in the near future to attempt to track the flow 
of animal waste from the swampy area to Creeping Swamp, a "blue-line" stream on the United States Geological Survey (USGS) map. 
Creeping Swamp is classified as waters of the state under N.C. Gen. Stat. § 143-212(6). 

4. Discharging animal waste to waters of the State is prohibited by N.C. Gen. Stat. § 1 43-2 15.1 and the non-discharge 
rules of 1 5 A NC AC 7H.02 1 7. 

5. During Mr Dunn's January 27, 1997 visit to the farm. Petitioner told Mr. Dunn that the ditches and canal leading 
from the lagoon to the swampy area had been in existence and in operation for over 20 years and was the primary method that he used 
to manage the animal waste at the Hickman Farm. Petitioner spray irrigated liquid waste onto pasture land adjacent to the farm's hog 
houses on some occasions as a second method of waste disposal. The Natural Resource Conservation Service (NRCS) in Beaufort 
County (formerly the Beaufort County Soil Conservation Service) helped Petitioner design this system for managing the animal waste 
approximately 20 years ago. The NRCS participated in cost sharing for the construction of this system for Petitioner Mr. Dunn 
determined that Rodney Woolard of the NRCS confirmed that the NRCS did some work on the Hickman Farm in the late 1970's and 
early 1980's. Notes in the NRCS file regarding the Hickman Farm reflected that the agency was involved with the design of the 
lagoons. The only evidence that the NRCS designed Petitioner's system to discharge to a swamp was Petitioner's testimony to that 
effect. Petitioner testified that the swampy discharge area was not swampy until he created the wet conditions by virtue of his 
discharge. 

6. Mr. Dunn did not see any irrigation equipment at the Hickman Farm on January 27, 1998, or on any of his 
subsequent visits to the facility. 

7. Inspections of animal waste facilities began in late 1 995 under direction of Governor James B. Hunt. The Hickman 
Farm had been inspected by a DWQ representative three times prior to Mr. Dunn's visit in January of 1 997. There was no evidence 
that any representative of DWQ ever told Petitioner that his method of handling animal waste at the Hickman Farm was acceptable 
or unacceptable. 

8. Mr Dunn returned to the Hickman Fann on Januan, 30. 1997, in order to attempt to track the waste from the 
swampy area to Creeping Swamp. The purpose in tracking the waste was to determine whether the swampy area was hydrologically 
connected to waters of the State. Although Mr Dunn did track the waste into the woods behind the swampy area, the waste ended 
approximately 200 yards short of Creeping Swamp. Between the swampy area affected by Petitioner's discharge and Creeping 
Swamp with its blue line creek, lies an area of high ground over which the waste does not flow. Because he was unable to track the 
waste to an area designated as a "blue line" stream on the United States Geological Service (USGS) topography map, Mr. Dunn was 
unsure whether the animal waste flowing from the three lagoons on site was discharging into waters of the State in violation of N.C. 
Gen. Stat. § 143-215.1 and 15A NCAC 2H.0217. 

9. Mr Dunn returned to the Hickman Farm on April 17, 1997 in response to a citizen's complaint. On that date, Mr 
Dunn again walked from the swampy area behind the Hickman Farm into the woods in an attempt to track the waste to Creeping 
Swamp. On this date, Mr. Dunn did not observe waste flowing into a "blue-line" stream on the USGS topography map. During this 
inspection of the fann, Mr. Dunn informed Petitioner that he believed the swampy area behind the Hickman Farm was a Section 404 
wetland under the Federal Pollution Water Control Act (Clean Water Act), and therefore an area that is classified as waters of the 
State. He also told Petitioner that if he was discharging animal waste into waters of the State, he would be in violation of the General 
Statutes of North Carolina as well as 1 5A NCAC 7H.02 1 7. He also informed Petitioner that he intended to ask a representative from 
the U.S. Army Corp of Engineers to visit the farm to determine whether the swampy area was in fact a Section 404 wetland. 

10. Mr Dunn returned to the Hickman Farm on April 21, 1997 accompanied by Mn Bill Biddlecome, an employee of 
the U.S. Army Corp of Engineers. Mr Biddlecome is certified in wetlands delineation and testified that he has made hundreds of 
determinations regarding the designation of areas as wetlands. On April 21, 1997, Carl Dunn observed animal wastes flowing from 
the lagoons through the drainage canal into the wooded area. 

1 1 . Mr Biddlecome testified that in making a wetlands determination, he considers whether a sampling point contains 
hydrophatic vegetation, wetland hydrology, and hydric soils. After performing tests in a particular sampling point within the swamp 
where animal waste was flowing from the canal at the Hickman Farm, Mr. Biddlecome determined that hydrophatic vegetation, 
wetland hydrology, and hydric soils were present within the sampling point. Mr Biddlecome testified that based on his experience 
and the presence of the three factors listed above, he determined that the sampling point was within a Section 404 wetland which is 
regulated by the Clean Water Act. Mr Biddlecome did not delineate the extent of the area he considered to be a wetland; his 
determination was limited to one sampling point. 



13:11 NORTH CAROLINA REGISTER December 1, 1998 929 



CONTESTED CASE DECISIONS 



12. Before leaving the Hickman Farm on April 21. 1997, Mr. Dunn informed Petitioner of Mr. Biddlecome's 
determination that the sampling point was within a Section 404 wetland. Mr. Dunn also informed Petitioner that a wetland is waters a' 
of the State, and that Petitioner was illegalK discharging animal waste into waters of the State. Petitioner stated that it was his belief^ 
that the swamp\ area w as not a wetland because he created it b\ discharging animal waste into the area for man\ \ ears. 

13. Mr Dunn also told Petitioner on April 21.1 997 that he should take some action to attempt to stop the animal waste 
fi"om discharging from the lagoons to the wetlands. 

14. A Notice of Recommendation for Enforcement was sent to Petitioner b\ the Division of Water Qualir\ on April 
23. 1997 informing Petitioner that the Respondent was considering submittal of a Recommendation for Enforcement to the Director 
of DWQ for the April 21. 1997 discharge of animal wastewater into a wetland on Petitioner's propert\ in violation of N.C. Gen. Stat. 
§ 143-215.1. The Notice also informed Petitioner that a wetland is considered waters of the State of North Carolina. In addition, 
the Notice instructed Petitioner to eliminate the discharge on his property. b\ damming the small ditches that carried waste from each 
of the three lagoons to the drainage canal. 

15. On September 28. 1997. a S4000.00 civil penalts' was assessed by the Director of the DWQ against Petitioner for 
discharging waste into waters of the State in \iolation of 15A NCAC 2H.0217. The ci\il penalt) assessed represents fort) percent 
of the maximum penalty authorized b\ N.C. Gen. Stat. § 143-215. 6A. Petitioner also was assessed S481.30 in enforcement costs. 

16. in assessing the ci\il penalty against Petitioner. Respondent considered each of the factors listed in N.C. Gen. Stat. 
§ 1 438-282. 1(b) as required b\ N.C. Gen. Stat. § 143-215. 6A(c). The statuton. assessment factors considered b\ Respondent were: 

1. The degree and extent of harm to the natural resources of the State, to the public health, or to private 
property resulting from the \ iolation; 

2. The duration and gra\ir\ of the \ iolation: 

3. The effect on ground or surface water quantit> or quality or on air quality : 

4. The cost of rectify ing the damage: 

5. The amount of mone\ sa\ed b> noncompliance: 

6. Whether the \ iolation was committed w illfulK or intentionalK ; 

7. The prior record of the violator in compKing or failing to compK with programs o\er which the 
En\ironmental Management Commission has regulator}.' authorir\ : and 

8. The cost to the State of the enforcement procedures. N.C. Gen. Stat. Section 1438-282. 1(b) { 1997). 

17. Consideration of the assessment factors and computation of the ci\il penalty was accomplished b\ Harlan K. Britt. 
then the Depur\ Director of the Di\ision of Water Qualit\. He primariK relied upon the in\estigation and enforcement reports filed 
b\ Carl Dunn, the En\ ironmental Engineer who made the field inNestigations on Petitioner's farm. 

18. In his report, admitted as Respondent's exhibit number se\ en (7). Carl Dunn made the following statement regarding 
assessment of factor number tvvo. duration and gra\it} of the \ iolation: "[alccording to Mr Hickman, this type of \ iolation has been 
the mode of operation for this farm for more than 15 >ears." Deput) Director Britt assigned significant importance to this assessment 
factor in his deliberations, as shown in Respondent's admitted exhibit 13. 

19. Deputv Director Britt testified that the S4000.00 ci\il penalty was for one \ iolation that occurred on the da\ of .April 
21. 1997. the same da\ that Mr. Biddlecome found a sample point which fit the definition of wetlands on Petitioner's property. He 
also stated that if the \ iolation had been for more than one day. each da\ would ha\e been considered a separate \ iolation and the 
amount of the penalt> would ha\e been higher than S4000.00. 

20. Mr. Britt testified that he did not find the \ iolation to be willful in nature. 
Based on the foregoing Findings of Fact, the undersigned .Administrati\e Law .ludge makes the following: 

930 NORTH CAROLINA REGISTER December L 1998 13:11 



i 



{ 



CONTESTED CASE DECISIONS 



CONCLUSIONS OF LAW 

1 . All parties are properly before the Office of Administrative Hearings, and the Office has jurisdiction over the parties 
and the subject matter. 

2. All parties have been correctly designated, and there is no question as to misjoinder or nonjoinder. 

3. Petitioner violated his non-discharge permit issued in accordance with N.C. Gen. Stat. § 143-2 15.1 and 1 5A NCAC 
2H.0217 on April 21, 1997, by discharging animal waste from the three lagoons at the Hickman Farm to a swampy area identified 
as being a wetland on his farm. 

4. Wetlands constitute waters of the state pursuant to N.C. Gen. Stat. § 143-212(6) and 15A NCAC 28.0202(64). 

5. According to N.C. Gen. Stat. § 143-212(6), waters ofthe State means "any stream, river, brook, swamp, lake, sound, 
tidal estuary, bay, creek, reservoir, waterway, or other body or accumulation of water, whether surface or underground, public or 
private, or natural or artificial, that is contained in, flows through, or borders upon any portion of this State." 

6. Pursuant to N.C. Gen. Stat. § 143-215. 6A a civil penalty of not more than ten thousand dollars ($10,000) per 
violation may be assessed against any person who fails to act in accordance with the terms, conditions or requirements of a permit 
required by N.C. Gen. Stat. § 143-215.1. 

7. The State's enforcement costs in this matter may be assessed against Petitioner pursuant to N.C. Gen. Stat. § 143- 
215.3(a)(9) and N.C. Gen. Stat. § 143-282. 1(b)(8). 

8. Pursuant to N.C. Gen. Stat. § 143-21 5. 6A. the Secretary ofthe Department of Environment and Natural Resources 
has the authority to issue civil penalties in this matter. The Secretary has delegated this authority to the Director of DWQ pursuant 
to N.C. Gen. Stat. § I43B-I0(a). 

9. In determining the amount ofthe penalty. Respondent properly considered the factors set forth in N.C. Gen. Stat. 
§ 143B-282.1.asrequiredbyRC. Gen. Stat. § 143-2 15.6 A 

10. In assessing a civil penalty of $4000.00 against Petitioner for discharging animal wastewater to waters ofthe state 
in violation of his non-discharge permit. Respondent did not act erroneously, fail to use proper procedure, or fail to act as required 
by law or rule. 

Based on the foregoing Findings of Fact and Conclusions of Law. the undersigned makes the following: 

RECOMMENDED DECISION 

Based upon the foregoing findings of fact and conclusions of law. it is hereby recommended that Respondent's decision to 
levy a civil penalt) against Petitioner for a single unpermitted discharge of animal waste, fi-om a system designed by and partially paid 
for b\' the Natural Resources Conservation Service, a government agency, to a wetland located on his farm, identified by a single point 
sample on the day ofthe cited violation, be reduced in amount to the sum of $500. a figure more in conformity with the evidence. 

ORDER 

It is hereby ordered that the agency serve a copy ofthe final decision on the Office of Administrative Hearings. P.O. Drawer 
27447. Raleigh. NC 2761 1-7447. in accordance with North Carolina General Statute § 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file exceptions 
to this recommended decision and to present written arguments to those in the agency who will make the final decision. N.C. Gen. 
Stat § 150B-36(a). 

The agency is required by N.C. Gen. Stat. § 150B-36(b) to serve a copy ofthe final decision on all parties and to the Office 
of Administrative Hearines. 



13:11 NORTH CAROLINA REGISTER December 1, 1998 931 



CONTESTED CASE DECISIONS 



The agencN that will make the final decision in this contested case is the North Carolina Environmental Management 
Commission. 



This the 6" dav of November, 1998. 



( 



/s/Beecher R. Gray 
Administrative Law Judge 



( 



( 



932 NORTH CAROLINA REGISTER December 1, 1998 13:11 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF PITT 



IN THE OFFICE OF 
ADMINISTRATIVE HEARINGS 

98 ABC 0293 



NORTH CAROLINA ALCOHOLIC, 
BEV ER.AGE CONTROL COMMISSION 
Petitioner, 



PANTANA BOBS, INC., T/A PANTANA BOBS, 
Respondent. 



) 



RECOMMENDED DECISION 



The above entitled matter was heard before Robert Roosevelt Reilly, Jr., Administrative Law Judge, on July 22, 1998, in 
Halifax, North Carolina. An oral recommended decision in favor of Respondent was announced at the close of Petitioner's evidence, 
upon Respondent's motion to dismiss. Respondent filed a proposed recommended decision on September 15, 1998. 



Petitioner: 
Respondent: 



APPEARANCES 

Marvin Waters, Esq. 
Mark W. Owens, 111, Esq. 

ISSUE 



Whether Respondent's employee sold malt beverages to a person less than 21 years of age on the licen.'-ed premises on 
Januar>' 11, 1998. at 12:05 a.m., in violation of G.S. 18B-302(a) (1 ), 

FINDINGS OF FACT 

1 . The parties received notice of the hearing by certified mail more than fifteen days prior to the hearing and each stipulated 
on the record that notice was proper. 

2. On Januan, 1 1. 1998, Respondent held ABC permits for its business, known as Pantana Bobs, located in Greenville, North 
Carolina. 

3. In the earh morning hours of January' 1 1, 1998, Alcohol Law Enforcement Agent, Jason Godwin was working for Petitioner 
in his capacity as an alcohol law enforcement agent inside the premises known as Pantana Bobs Bar, Greenville, North 
Carolina. At approximately 12:05 a.m. Agent Godwin observed a white male, subsequently identified as Jason Boudreaux 
approach the bar area of the Respondent and speak to an emplo\'ee subsequently identified as Michael Murphy at that time. 
Agent Godw in advised that he heard Mr Boudreaux request a Budweiser beer and further observed Mr. Murph\' turn and 
subsequently obtain and then sold Mr. Boudreaux the requested alcoholic beverage. Agent Godwin advised that employee 
Murphy did not ask Mr. Boudreaux for identification at the time that the alcoholic beverage was purchased at the bar area 
of Pantana Bobs. 

4. Agent Godwin testified that after observing said purchase that he (Godwin) approached Boudreaux and advised him that 
he was an ALE agent and then requested of Mr Boudreaux some form of identification. Mr. Boudreaux then provided Agent 
God\\in with a military ID indicating his age to be ever 21 \ears of age. Agent Godwin then escorted Mr. Boudreaux outside 
of the premises and at that time wrote him a citation for use of a fraudulent or altered identification document other than a 
drivers license (see 18B-202(e). 

5. Agent Godwin subsequently returned to the inside area of the bar and approached employee Michael Murph>. Agent Godwin 
identified himself and asked Mr. Murphy to summon the bar manager, Mr Mark Farrell. Subsequently Agent Godwin, 
Murph). and Manager Farrell. met in the office area of Pantana Bobs Bar After a short period of discussion. Agent Godwin 
issued a citation to emplo>ee Michael Murphy for the sale of malt beverages to one less than 21 years of age (18B-302(a). 

6. Agent Godwin further testified that the physical dimensions contained inside of Pantana Bobs Bar are such that one entering 
the premises has to stop at a partition and check in or be carded by an employee of Pantana Bobs upon attempted entry. 



13:11 



NORTH CAROLINA REGISTER 



December 1, 1998 



933 



CONTESTED CASE DECISIONS 



Agent Godwin further testified tiiat upon his observations on the evening in question. Januarv' 1 1. 1998. each person allowed 
into the bar was carded and their identification checked. Agent Godwin flirther testified and reiterated that Mr. Boudreau.x 
did possess a militarv ID which indicated his age to be that of over 21 years of age. a 

7. Agent Godwin filed a Report of ABC Violations with the ABC Commission which issued a Notice of Alleged Violation 
citing the Respondent with sale of alcoholic beverage to one under the age of 21 years of age. 

8. Agent Godwin subpoenaed Jason Paul Boudreaax on or about June 29, 1998, and attempted to contact Mr. Boudreaux per- 
sonalK as well as through other alcohol law enforcement agents relative to testimon\' at the hearing in questions. No attempts 
were made to personalK ser\'e Mr. Boudreaux nor uere an\ attempts made to personalK locate Mr. Boudreaux even though 
Mr. Boudreaux's emploxment and residence were located in Gastonia. North Carolina and easiK available to said agents. 

9. Having listened to the testimon_\ of Agent Godwin, during this contested case hearing, and upon giving due consideration 
to the fact that Respondent, Pantana Bobs, did in fact initially card not only Mr. Boudreaux but each and e\er\ patron as the\ 
entered the premises known as Pantana Bobs for identification and age requirements, it is determined that Respondent 
Pantana Bobs complied with the requirements as the\ exists with respect to N.C.G.S. 1 8B-302(a) on or about January 1 1 , 
1998. at or before 12:05 a.m. (see North Carolina Alcoholic Beverage Control Commission vs. Vaz. Inc. T A Holiday Inn 
89 ABC 1176). 

CONCLUSIONS OF LAW 

Based upon the foregoing Findings of Fact. 1 make the following Conclusions of Law. 

1. The parties properK are before the Office of Administrative Hearings. 

2. The esidence in this contested case, which consists primariK of the testimonx of Agent Jason Godwin, is insufficient to 
support the charge filed against Respondent alleging that Respondent sold alcoholic beverage to a person under the age 21 
years of age on the licensed premises on or about January 1 1. 1998. 



( 



RECOMMENDED DECISION 

Based upon the foregoing findings of fact and conclusion of law. it is hereb\' recommended that the alleged violation noticed 
against Respondent be dismissed for lack of evidence. 

ORDER 

It is hereb\ ordered that the agency serve a copy of the Final Decision on the Office of Administrative Hearings. Post Office 
Drawer 27747. Raleigh, NC 2761 1-7447. in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agenc> making the Final Decision in this contested as is required to give each parn an opportunit> to file exceptions 
to this recommended decision and to present written arguments to those in the agenc\ who will make the final decision G.S. 150B- 
36(a). 

The agencN is required b\ G.S. 150B-36(b) to serve a cop>' of the final decision on all parties and to furnish a cop\ to the 
parties' attome\ on record and to the Office of Administrati\e Hearings. 

The agenc) that will make the final decision in this contested case is the North Carolina Alcoholic Be\'erage Control 
Commission. 

This the 1 7"' day of September. 1998. 

i 



/s 'Robert Roosevelt Reilly. Jr. 
Administrati\e Law Judae 



934 NORTH CAROLINA REGISTER December L 1998 13:11 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



IN THE OFFICE OF 
ADMINISTRATIVE HEARINGS 

98 DOJ 0046 



KENNETH EARL BRANTLEY, 
Petitioner, 



N.C. CRIMINAL JUSTICE EDUCATION AND TRAINING 
STANDARDS COMMISSION, 
Respondent. 



RECOMMENDED DECISION 



This contested case was heard on June 25. 1998. and August 27. 1998, in Raleigh. North Carolina by Administrative Law 
Judge Beecher R. Gray. 

APPEARANCES 

Petitioner was represented by Charles McDarris. Esq., and Respondent. North Carolina Criminal Justice Education and 
Training Standards Commission was represented by Special Deputy Attorney General Robin P. Pendergraft. 

MOTION TO DEEM PETITIONER'S PROPOSAL TIMELY 

Petitioner's motion to deem Petitioner's proposal timely is, for good cause shown, ALLOWED. 

ISSUE 

Did Petitioner commit the criminal act of assault on a female in violation of the Commission's rules? 

RULES AT ISSUE 

12 NCAC9A .0103(21 Kb) 

12 NCAC 9A .0204(b)(3)(A) 

12NCAC9A .0205(b)(1) 

FINDINGS OF FACT 

Stipulated Facts 

1 . Both parties properly are before this Administrative Law Judge, in that jurisdiction and venue are proper, that both 
parties received notice of hearing, and that Petitioner received the Proposed Suspension of Law Enforcement Officer Certification 
letter mailed by Respondent on November 20, 1 997. 

2. The North Carolina Criminal Justice Education and Training Standards Commission (hereafter referred to as the 
Commission) has the authority granted under Chapter 17C of the North Carolina General Statutes and Title 12 of the North Carolina 
Administrative Code, Chapter 9. to certify criminal justice officers and to deny, revoke or suspend such certification. 

3. Petitioner successfully completed the Basic Law Enforcement Training course at the Raleigh Police Academy on 
October 18. 1990. 

4. Petitioner applied with the Commission for certification as a law enforcement officer with the Raleigh Police 
Department in October 1990. 

5. Petitioner was issued a probationan,' certification (PRA 2384 1 2630) by the Commission effective October 1 9, 1 990 
to serve as a law enforcement officer with the Raleigh Police Department. 

6. Petitioner was issued a general certification on October 19, 1991 (GNA 238412630) by the Commission to serve 
as a law enforcement officer with the Raleigh Police Department. 



13:11 



NORTH CAROLINA REGISTER 



December 1, 1998 



935 



CONTESTED CASE DECISIONS 



7. On April 4. 1996. Petitioner in his capacit>' as a Raleigh Police Officer cited Michelle McClure. a female bom on 
May 30. 1975. with the infraction of "Underage Possession of Alcoholic Beverage" in violation of N.C.G.S. §18B-302(B){1) and 
the misdemeanor criminal offense of "Possession of Alcoholic Beverage on Cit> Property" in violation of Raleigh City Ordinance ^ 
12-4001. Ms. McClure pled guilty to these charges on May 2, 1996, and was placed in the First Offender Alcohol Education Program, ^ 
which she successfully completed. 

8. On June 10. 1996. the Petitioner was served with a criminal summons charging him with the criminal offense of 
Assault on a Female on Michelle McClure on April 4, 1996. in violation of N.C.G.S. § 14-33(b)(2). Petitioner pled "not guilty" to 
and was found "guilty" of Assault on a Female b\ the Honorable Michael R. Morgan on August 2. 1996 in Wake Count> District 
Court. Petitioner appealed to Superior Court wherebv the District Attome\ took a voluntary dismissal on March 12. 1997. 

9. After a review of the internal affairs investigation and other documentation, the Raleigh Police Department on 
August 20. 1996 found that the facts did not support an allegation of excessive force against Michelle McClure nor the specific 
allegation of discourtes\. The Department did find, however, that Petitioner had used unnecessan. force in violation of Raleigh"s 
Use of Force Polic\ and used poor judgment. 

10. Petitioner separated from the Raleigh Police Department on August 23. 1996. 

Adjudicated Facts 

1 1. Michelle McClure. a resident of Raleigh. North Carolina, is a 1997 graduate of North Carolina State University 
(NCSU) and currently works as a junior recruiter at a company in Morrisville. North Carolina. 

12. On April 4. 1996 while a junior at NCSU. Ms. McClure and her roommate threw a part\ at her townhouse in Falcon 
Ridge Subdivision. This residential area is comprised of students and young professionals. Ms. McClure was 20 \ears old at the time. 
Her 23 >ear old roommate purchased a keg of beer for the partv'. 

13. The party at Ms. McClure"s began at 9:00 p.m. K.enle\ Adam Johnson, a friend from high school came to the party. 
At about 1 1 :00 p.m.. Ms. McClure walked Mr. Johnson out her backdoor to his car parked on the street behind her house. She had 
an 8 ounce cup of beer in her hand. The\ talked while Mr. Johnson leaned against his car door. Although he was 21 years old, Mr. 
Johnson was not drinking alcoholic beverages that night. 

14. While outside Ms. McClure saw a marked police car dri\e up the street with blue lights flashing. The police car 
pulled in front of Mr. Johnson's car, Ms. McClure panicked and handed her cup to Mr. Johnson. 

15. When Ms. McClure turned toward the police car. she saw Petitioner, a uniformed Raleigh Police Officer, running 
toward her and Mr. Johnson. Petitioner grabbed her bv the arm and screamed repeatedly "where's the cup." He appeared ver\ angr\. 
Ms. McClure stated she threw up her hands because she belie\ed Petitioner was going to hurt her. She conceded that she initialK 
told Petitioner she did not ha\e a cup. 

16. Petitioner grabbed Ms. McClure around her upper right arm with his hand and "dragged her" to his police car in 
a quick and forceful manner. At the time Ms. McClure was 5'3" tall and weighed between 115-117 pounds. She began crying but 
did not kick, scream. \ell or resist Petitioner in an\ physical way. 

1 7. Ms. McClure told Petitioner he was hurting her. Petitioner sho\ed Ms. McClure up against the police car. While 
pushing Ms. McClure against the car. Petitioner pulled out his handcuffs. He stopped to ask Susan Hull, a friend of Ms. McClure's 
who was watching this encounter, if he could help her. When Ms. Hull replied "Fm concerned about m>- friend." Petitioner put the 
handcuffs awa\ and pushed Ms. McClure into the back of the patrol can 

18. Mr. Johnson also was placed in the patrol car while Petitioner searched in the nearb}. field with his flashlight. 
Petitioner removed Ms. McClure from the car and then placed her back into the patrol car. Petitioner told Ms. McClure something 
to the effect that she "had realK screvsed up now." 

19. Petitioner asked Mr. McClure for some sort of identification. She pro\ided her name, address, social security 
number and her dri\er's license number but was unable to produce her dri\er"s license since her wallet was inside her house. 
Petitioner informed Ms. McClure that he was taking her to jail because she could not produce a driver's license. Ms. Hull. Ms. 
McClure's friend, ran inside the townhouse and returned with Ms. McClure's driver's license. 



936 NORTH CAROLINA REGISTER December I, 1998 13:11 



i 



K 



CONTESTED CASE DECISIONS 



20. Ms. McClure informed Petitioner that there was only one cup of beer and it was hers, not Mr. Johnson's. She 
admitted to the officer she had "told him a tale." Petitioner issued citations to both Ms. McClure and Mr Johnson. 

2 1 . Kenley Adam Johnson is a graduate of NCSU and is currently employed with Nationwide Insurance. On April 4, 
1996, Mr. Johnson stopped by Ms. McClure's party for about 1 to 1 '^ hours. Ms. McClure walked him to his car which was parked 
on Kaplan Drive. Although he was 2 1 years old at the time, he consumed no alcoholic beverage at the party. 

22. While Mr. Johnson and Ms. McClure were talking beside his car, Ms. McClure stuck her beer cup in his hand. He 
then saw a marked police car with flashing blue lights pull in front of his parked car and stop. 

23. Mr. Johnson observed Petitioner immediately get out of his patrol car. walk quickly and abruptly up to where the 
two were standing, and confront them. Petitioner asked Ms. McClure where the cup was. Ms. McClure denied having the cup. 

24. According to Mr. Johnson, Petitioner had a confrontational tone and appeared upset and visibly angry. He became 
angry when Ms. McClure denied having a cup in her hand. 

25. Petitioner told Ms. McClure "that's enough", took her by the arm and quickly led Ms. McClure to his patrol car 
in a forceful manner Ms. McClure had difficulty keeping up with him. He heard Ms. McClure tell the officer that he was hurting 
her. 

26. Mr Johnson stated Ms. McClure did not resist the officer in any way. She did not tr\ to run from him nor did she 
hit him. 

27. Once Petitioner had Ms. McClure in his patrol car. he returned to Mr. Johnson who had remained standing by his 
parked car. Petitioner asked Mr Johnson if there was another cup of beer to which Mr. Johnson replied no. Petitioner asked Mr. 
Johnson to get inside the patrol car and never grabbed Mr. Johnson. Petitioner frisked Mr Johnson before he got into the patrol car. 

28. While bo.ii students were inside the patrol vehicle. Petitioner talked with Ms. McClure. Mr Johnson added that 
when Ms. McClure attempted to tell Petitioner the truth, the angrier Petitioner became. He told her she had really screwed up and 
could go to jail for this. Thereafter, Petitioner removed Ms. McClure from the car, pushed her up against the car, and then returned 
her to the patrol can 

29. Petitioner then got Mr Johnson out of the patrol car, frisked him a second time, obtained an ID from Mr. Johnson, 
and issued him a citation. 

30. During cross-examination, Mr Johnson indicated that Petitioner was physically forceful with Ms. McClure and 
verbally forceftil with him. He added that the officer did not need to use as much force as he did with Ms. McClure. 

3 1 . Mr. Johnson is 6'4" tall and weighs 1 85 pounds. 

32. Susan Elizabeth Hull is a 1998 graduate of NCSU and current!) emploved as an accountant. On the night of April 
4, 1996. she drove to her friend Michelle McClure's townhouse to attend a part\ there. As she turned onto Kaplan Drive, she was 
behind a marked police car The patrol car's blue lights came on and the car pulled over She observed Ms. McClure standing on 
the side of the road so she parked her car and rolled her w indou down. 

33. Ms. Hull saw Petitioner get out of his patrol car. run toward Ms. McClure while yelling at her He looked very 
angr%'. Petitioner grabbed Ms. McClure around her upper arm by his hand and pulled her to the police car. She never observed Ms. 
McClure resist the officer in any way. 

34. Ms. Hull heard Ms. McClure ask Petitioner to let her get her ID. but Petitioner said "it doesn't matter. I'm taking 
you to jail." She observed Petitioner "slam Ms. McClure up against the side" of the police car and pull her arms behind her back. 
Petitioner did not place handcuffs on Ms. McClure. but "shoved" her into the police car and closed the door 

35. According to Ms. Hull. Petitioner appeared surprised to see Ms. Hull, who by this time had gotten out of her car 
and was standing in the street, watching the encounter He said to her in a "nast) tone of voice." "Can I help you?" Ms. Hull replied 
that she was concerned about what was going on because Ms. McClure was her friend. Petitioner told her to get Ms. McClure's ID. 
which she did. 



13:11 NORTH CAROLINA REGISTER December 1, 1998 937 



CONTESTED CASE DECISIONS 



36. Petitioner released Ms. McCiure from his car about 30-45 minutes later. When she returned to her townhouse, she 
was ver>' upset. cr>'ing and hysterical. 

37. Ms. Hull described the bruise on Ms. McClure's right arm as being "bright pink" and appearing as if it had been 
"mauled." Mr Johnson returned to Ms. McClure's home about two hours after the incident to check on her. He found Ms. McClure 
vePi upset and en. ing. Mr Johnson observed a red mark on Ms. McClure's arm from where Petitioner had grabbed her. 

38. Ms. McClure indicated that as a result of this encounter with Petitioner, she received a bruise on her arm which was 
red and swollen, and her breast was tender and sore. Within 7 da\'s after the incident. Ms. McClure had photographs taken of her arm 
showing the bruised area. 

39. After talking with her parents. Ms. McClure filed a complaint with the Raleigh Police Department. Ms. McClure. 
Mr. Johnson and Ms. Hull consented to taped interviews with Lt. Dennis R. Lane from Raleigh's Internal Affairs Division. All three 
wimesses testified in Wake Count\ Criminal District Court. Ms. McClure requested that the Wake Count\ District Attome\ 's Office 
dismiss this matter on appeal in superior court because she was trving to graduate from school at the time and she found the entire 
matter to be stressful and extremeK traumatic. 

40. Lt. Dennis Lane testified that prior to August 1997 he supervised 39 detectives and conducted investigations for 
Raleigh Police Department Internal Affairs Division. After Sgt. J.R. Fluck took the original complaint, he was assigned the 
investigation. Lt. Lane waited for a resolution in criminal court of the charges against Ms. McClure before beginning his 
investigation. In accordance with established procedures. Lt. Lane completed his investigation and then took the case file to the Wake 
Count) Chief Magistrate for determination of probable cause. After the magistrate found the existence of probable cause. Lt. Lane 
advised Raleigh's police chief and then contacted Ms. McClure. A criminal summons for assault on a female was issued and served 
on Petitioner. 

41. Lt. Lane explained that Raleigh police officers are trained to utilize force along the following use of force 
continuum: officer presence; verbal commands; soft hands; pepper sprav ; strike; and deadlv force. 

42. Raleigh police administrators reviewed this matter involving Petitioner's action toward Ms. McClure and found 
that he had used poor judgment and unnecessarv force. The Review Board recommended his termination from the Raleigh Police 
Department. 

43. Based upon his e.xperience, Lt. Lane stated that 6 or 7 complaints against an officer in a 10 year period v\ould be 
an excessive number. Petitioner had 1 5 complaints in his almost six vears w ith Raleigh prior to this incident involving Ms. McClure. 

44. Petitioner tesrified that he is 3 1 vears old. lives in Raleigh and joined the Raleigh Police Department in June 1990. 

45. On April 4. 1996. Petitioner was working 3rd shift ( 10:45 p.m. - 6:45 a.m.) in an assigned area near NCSU. That 
night he drove onto Kaplan Drive and saw Ms. McClure standing with a keg cup in her hand. He thought this might constitute an 
alcohol violation. When he no longer sav\ the cup in her hand, he knew he had a littering violation at a minimum. Petitioner turned 
on his patrol car's blue lights and stopped. 

46. Petitioner stated he walked quickly to Ms. McClure and Mr. Johnson and asked ""where's the cup?" Ms. McClure 
denied having a cup. Petitioner did not sav anvthing to Mr. Johnson at first because he did not think Mr. Johnson had a cup. 

47. Petitioner said that he took Ms. McClure bv' her left arm using his hand in a "cupped" fashion and escorted her to 
his car. He denied assaulting her at all. Petitioner explained that Ms. McClure was not ver\ cooperative; she did not come along with 
him but ""hung back." Petitioner did not ask Ms. McClure to go with him to his patrol car. but said "let's go" at the same time he put 
his hand on her. Petitioner did not hear Ms. McClure say he was hurting her. He admitted that he became angn. because she v\as 
not truthful to him. Petitioner described Mr. Johnson as cooperative. 

48. After Petitioner searched the field for the keg cup. he returned to the patrol car and got Ms. McClure out of car to 
arrest her because she had no identification, but changed his mind. 

49. Petitioner noticed Ms. Hull staring at him from across the street. He asked her "max I help \ ou?" Ms. Hull complied 
v\ ith Petitioner's suggestion that she retrieve Ms. McClure's ID. Thereafter Petitioner issued citations to both Ms. McClure and Mr. 
Johnson. 



938 NORTH CAROLINA REGISTER December 1, 199H 13:11 



i 



\ 



i 



CONTESTED CASE DECISIONS 



I 



50. Petitioner stated that he did not use excessive force, but acted appropriately for the situation. 

5 1 . Petitioner added that he was taught to make an arrest for minor violations including infractions if the suspect could 
not produce an ID. 

52. In 1996, Petitioner was required to attend a school for improving his communication skills. 

53. Petitioner introduced 1 6 letters of reference or commendation from Petitioner's personnel file, ranging in date from 
February 1992 to December 1995. Petitioner also submitted two annual Performance Evaluations for the 6/4/94 to 6/4/95 period and 
the 6/4/95 to 6/4/96 period. While Petitioner received "above standard" overall evaluations on these reports, he received a standard 
rating on each for quality of work, which included using good judgment and oral communication, and personal conduct. 

54. Under N.C.G.S. § 14-33(b)(2) the criminal offense of assault on a female is assault by a male person over the age 
of 18 years upon a female. The term assault includes an overt act, with force and violence, to immediately physically injure another 
person. 

55. Under N.C.G.S. § 15A-401, law enforcement officers have the authority to utilize reasonable force in certain 
circumstances. The officer exceeds this statutory authority and is not justified when he uses unreasonable or excessive force. 

CONCLUSIONS OF LAW 

1 . The Office of Administrative Hearings has jurisdiction to hear this contested case pursuant to Chapters 1 7C and 
150B of the North Carolina General Statutes. 

2. The North Carolina Criminal Justice Education and Training Standards Commission has authority pursuant to 
N.C.G.S. §§ 17C-6 and 17C-I0 to establish minimum standards for the certification of persons to be employed and retained as 
criminal justice officers. 

3. Under the factual circumstances presented in this case. Petitioner exceeded the authority to use force against a 
citizen, and thus the physical force he exerted against Ms. McClure was unjustified, unreasonable and excessive. An officer loses 
the protection afforded official action by G.S. 15B-401 when he uses unreasonable force against an individual, thus converting what 
may have begun as a lawful act into an unlawful assault or battery. Kuykendall v. Turner , 61 N.C. App. 638, 301 S.E. 2d. 715 (1983). 

4. There is sufficient evidence to conclude that Petitioner committed the acts necessary to satisfy the elements of 
assault on a female set out in N.C.G.S. §14-33. 

5. Respondent has sufficient cause to suspend Petitioner's certification as a law enforcement officer for committing 
the Class B misdemeanor offense of assault on a female in violation of 12 NCAC 9A .0204(b)(3KA). 

PROPOSED DECISION 

Based upon the foregoing findings of facts and conclusions of law, it is hereby proposed that the North Carolina Criminal 
Justice Education and Training Standards Commission suspend Petitioner's law enforcement officer certification. 

NOTICE 

The agency making the final decision is this contested case is required to give each party an opportunity to file exceptions 
and proposed findings of fact and to present oral and written arguments to the agency. N.C.G.S. § 150B-40(e). 

A copy of the final agency decision or order shall be served upon each party personally or by certified mail addressed to the 
party at the latest address given by the party to the agency and a copy shall be furnished to his attorney of record. N.C.G.S. § 1 50B- 
42(a). It is requested that the agency furnish a cop\ to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the North Carolina Criminal Justice Education and 
Training Standards Commission. 



13:11 NORTH CAROLINA REGISTER December 1, 199H 939 



CONTESTED CASE DECISIONS 



This the 4"^ dav of November. 1998. 



/s/Beecher R. Gray 
Administrative Law Judge 



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